Small claims court Jurisdiction unpaid debt for consulting services

[Stefan]

What is the name of your state?What is the name of your state? ****land



I provided consulting services in 2004 on an hourly basis to a former friend by telephone and internet. We never met in person during that period. He was a Missouri resident during that period but now lives in Massachusetts. I have always been a ****land resident. Since I performed the consulting in no other state than ****land, is this where I can/should file suit? Or would I have to file in one of those states? Also, I performed much of the work while in Mexico, though I never have been resident there or anywhere other than ****land.

I want to know if my potential defendant can succesfully challenge jurisdiction for any reason.

Thanks in advance

[racer72]

Your problem is your M a r y land judgment would worthless outside of the state of M a r y land. You would have to have it domesticated in the other party's home state to enforce it. It would be easier to obtain the judgment in the debtors home state to begin with. Depending on the amount you want to sue for, it could end up costing you more out of pocket to obtain and enforce a judgment, many of the expenses you incur are not compsatable.

[Stefan]

Thanks for our prompt response. I have a couple follow-up questions for clarification.

Would the other party's home state be where he was living when services were rendered or where he is domiciled now?

I believe I can get him to pay a judgment in any state.

Separate from the issue of enforcing a judgment, can I assume he has no/little cause to challenge jurisdiction at/before trial?

[debtcollector`]

How much money are you talking about?
Does the guy have assets that can be attached?

Where to sue?
Up to you. You can sue in Missouri since that is where he lived when the agreement was signed. Or you can sue in Mass since that is where he lives now.

If you don't want him to show up, sue in Missouri. If you don't care, sue in Mass.

If you sue in Missouri you have to have the judgment domesticated and that increases costs.

While I don't know the details of how to do this (you would have to talk to your attorney) you could sue in federal court. It makes domesticating much easier.

After you get your judgment drop me an email -- I know a guy in Mass that enforces judgments

DC

[Chien]

DC is right in the sense that answers can be more refined, if we know how much you're suing for (eg. in Small Claims, Mass. has a $2,000 limit, while M a r y land has $5,000).

If this was all done in interstate commerce (phone and Internet), venue may be a bigger concern than jurisdiction.

My question is why do you think you can get him to pay a judgment in any state?

[Stefan]

the amount is small, $500-something (plus perhaps interest?, other fees) but still not much more, so my motivation is personal, not financial, especially as we were classmates. i.e. I'll invest the time as at least I'll know I did everything I reasonably could, but not significant expenses.

You are right, rather than jurisdiction, venue is my concern now. What determines venue in such a case?

I think he will may for several reasons: he will see I am determined in pursuing it, it would be an embarrassment to him in front of our mutual former classmates and peers in his current top graduate program (which I helped him get in, BTW), will want to be squeaky clean for future job positions and obtaining U>s Citizenship, and a good chance he will live in ****land within a few years.

But in any case, in the end I would be (more) satisfied with an unenforceable judgment.

He had a house in MO, but I believe sold it. He has substantial financial assets.


Thanks again

[debtcollector`]

Based on a few minutes of research, I believe if you are suing the person directly in small claims you are going to have to sue in Mass.

Mass Small Claims rules:
[url]http://www.mass.gov/courts/admin/legal/courtrules2.html#rule2[/url]

Another resource:
[url]http://www.ago.state.ma.us/sp.cfm?pageid=1643[/url]

The Mass judgment interest rate is 12 or 18% depending on the judge.

DC

[Chien]

I agree.

I was strongly leaning toward Mass. before - no question now.

Considerations for venue: where the contract/services were made/performed (in the ether), where the tort occurred or the property is located (not relevant), where the evidence is located (eh?), or where the defendant resides.
Enforcing judgment is still in your lap.