In what state should a small claims case be filed in the plaintiff and defendant live in 2 different states?
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In what state should a small claims case be filed in the plaintiff and defendant live in 2 different states?
I have an online store where I sell music equipment. I have a dispute with a customer right now and I’ve just received a notice to appear in small claims court in his state of residence in 2 months time although I live in another state. From my understanding, this is not allowed and if the customer wishes to take this to small claims, it must be in my state of residence.
Asked on August 1, 2014 under Business Law, Oregon
Answers:
Maury Beaulier / MinnesotaLawyers.com
Answered 10 years ago | Contributor
It would be filed where the action acrued or where the defendent resides. The action accrued where the inciudent giving rise to the damages occurred. If you sold online and shipped to another state, there may nbe an argument for jurisdiction there.
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