Question about filing

What is the name of your state? Arkansas

I bought a console that was damaged during shipment. Seller arranged for FEDEX to pick it up, who then determined it was damaged due to poor packaging. Seller told me he would refund my money, now he isn't answering emails or calls.

He lives in Pennsylvania, I'm in Arkansas, do I have to file in PA? Do I have to physically be there for court? Anyway to present my case legally without physically being there? Is there any instance that you are allowed to file in the state that you live?

Thanks

Hamper said:

He lives in Pennsylvania, I'm in Arkansas, do I have to file in PA?

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You don't HAVE to.... but there are several reasons why you should. They include:
- The defendant can file a challenge to your lawsuit filed in AR and you would have to prove to the court that they have jurisdiction. If you can't, the AR court will dismiss your case.
- Even if you were to get an AR judgment, it means nothing against the defendant whose assets are presumably NOT located in AR. You would have to domesticate your AR judgment into his state in order to try to enforce it there. And the defendant would then have another chance to challenge your AR default judgment.

Do I have to physically be there for court?

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Usually, yes. A very few courts will allow your testimony by phone, but rare.

Thank you, JETX, can I ask you something more, please?

You said I may have to prove to the court that they have jurisdiction....is it possible that AR does? I don't understand all of the "if this is the case, you file here; if that is the case, you file there."

If the courts would not allow me to testify by phone, would they allow me to hire a local attorney to represent me? If so, could I include those attorney fees in my claim?

If I have to travel there to represent myself, it would not be feasible. He owes me $200.00, and I don't want to spend $500.00 just to prove it. LOL

Thanks again.

Hamper said:

TYou said I may have to prove to the court that they have jurisdiction....is it possible that AR does? I don't understand all of the "if this is the case, you file here; if that is the case, you file there."

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In order for a court to have 'jurisdiction' over the matter, one of the requirements is 'venue'.

For civil cases, venue is usually the district or county which is the residence of a principal defendant, where a contract was executed or is to be performed, or where an accident took place.

In your case, since the defendant does not live in AR, nor was there an accident as the cause of action, the remaining issue is whether the contract (purchase) has sufficient locality to make it an AR matter. That would require a complete review of the terms of the purchase. Entire chapters are written on venue issues.... and it is still sometimes a considerable issue in court.

If the courts would not allow me to testify by phone, would they allow me to hire a local attorney to represent me?

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Yes, but your attorney cannot testify for you as to the issues. You would have to be there to offer your testimony as to the facts.

If so, could I include those attorney fees in my claim?

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Dependant on state laws, but very unlikely.... unless your contract has a clause allowing recovery.

If I have to travel there to represent myself, it would not be feasible. He owes me $200.00, and I don't want to spend $500.00 just to prove it.

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Ah, one of the many joys, and risks, of purchasing ANYTHING over the internet or long distance. And one of the basic truths that a lot of scammers are relying on. And a reason that a lot of the ebay scammers (and others) refuse to sell to someone who lives too close to them. Anytime you are purchasing something long distance, be sure to include a provision in the sales agreement/contract allowing for LOCAL litigation/venue and attorney fee recovery to prevailing party.