What is the right county should a lawsuit be brought?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the right county should a lawsuit be brought?
I am an independent contractor who has incorporated (sub-S) for a mid size manufacturer. In our business contract with the manufacturer, it is set that when a customer that I sold to has not paid their invoices after 75 days, 1/2 the amount of the invoice would be deducted from me (my company). If I choose to take this customer to small claims court, does it matter what county I file the claim? Does it have to be where they are located? Can it be anywhere in the state?
Asked on October 17, 2011 under Bankruptcy Law, New Jersey
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In most states in this country the location of where a lawsuit is to be filed (venue) for breach of a contract cause of action is either: 1. where the contract was entered into, 2. where the defendant resides, 3. where the breach occured.
In your situation it is best to have the small claims court action filed in the county where you reside for practical reasons.
If the agreement was entered in the county where you reside then you should file your small claims court there. If not, you file the small claims court action in the county where the defendant has its business. Another option is to simply file in the county where you reside and see if the defendant makes a motion to change venue.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.