Failure To Pay

[mapman]

What is the name of your state? NC

I have a small business that provided a company in Virginia (incorporated in VA, CEO lives in NC) some aerial photographs. These photographs were made especially for this customer at specification we agreed on. Once he received the photos he said that he could not use them because he could not use the photos because he could not see what he wanted at the scale that was delivered. Again we delived the photos to specifications. Amount owed is $4,600.

Because of the uniqueness of the project we can not accept the return because we will not be able to resell them.

My question is this, since our business is in North Carolina can we go to small claims court in NC, or do I have to travel to VA?

 

[JETX]

1) Does your contract have a 'venue statement' (stating where any litigation will occur and what state laws)?? If not, then you can file at either location.... but may have to show that the court where filed has jurisdiction.
2) However, you really need to consider filing in the defendants location. Not only do you eliminate any possible challenges as to jurisdiction, but if you get a judgment against the company, you can use 'the companys' state laws to enforce the judgment. This is important since we assume that any assets he has would be located in the company home state (VA).

Also, your post refers to the defendant as a 'company'. Also that there is a CEO. From that, I assume that the 'company' is a corporation, correct?? If so, then you need to be sure to name the corporation as the defendant and serve notice on their agent.

 

[mapman]

Thank you for the help!

There is no venue statement.

The company is incorporated in VA. The reason I would like to file in NC is that NC small claims court has a higher $ amount. NC $4500, VA $2,500.

however, this is a two man operation. Two brother who both live and own houses in NC.

 

[I AM ALWAYS LIABLE]

My response:

Then, besides your current problem, I must presume you have now learned how important a "venue" clause is for your contract and you'll be doing a little revision.

Since the acceptance, completion and delivery of the contract is in VA, that's where you need to file suit. So, at least for this contractual battle, you're going to be spending more on travel and losing some money due to the lower jurisdictional limit, than you normally would have had you been able to file in NC.

If you need verbiage for a "venue" clause, let me know. Also, you need a "fitness for a particular purpose" clause, so if this "argument" ever arises again, all you'd need to do is prove that your photos met the specifications of the contract, and not whether the customer was not able to use the photos.

IAAL

 

[mapman]

Thanks a bunch!!!!!!!!!!!!

 

[I AM ALWAYS LIABLE]

"Thanks a bunch!!!!!!!!!!!!"

===================================


My response:

While your "thanks" are greatly appreciated, you're going to need to specify what you're "thanking" us for because we not only responded to you, but I also made you an offer to give you certain new clauses for your contract.

Remember, this is the "written word" and I can't "hear" your tonality or inflections, and therefore, I can't understand your meaning unless you actually specify. For example - -

Are you thanking us for:

1. . . . the responses that you've received, and that's all; or,

2. . . . the responses that you've received and you would like a sample "venue" clause; or,

3. . . . the responses that you've received and you would like sample "venue" and "fitness" clauses.


If you would be so kind to post your needs, if any, I would be happy to help you. However, in the interim, it was our pleasure to help you.

IAAL

 

[JETX]

And in addition to IAAL's more than generous offer, you have at least one more concern.....

That is, what/who is your client??
You make reference to it being a 'company'. There are several types of 'companies', and each has their own litigation issues. You also make reference to a CEO (which would imply a corporation). And finally, in your later post, you say, "this is a two man operation" and "Two brother who both live and own houses in NC."

If your customer (defendant) is a corporation, where the brothers live or whether they own houses (one or 100), makes no difference. An individual cannot be liable for a corporations debts.

It is imperative before you consider any legal action, that you find out who the liable party(ies) is/are.

 

[mapman]

Thanks a bunch!!!!!!!!!!!!

 

[I AM ALWAYS LIABLE]

My response:

Okay, you're welcome!!!!!

IAAL