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Help- Dont know what State to File in??

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chuck111hardy

Junior Member
I am having difficulty figuring out who to file my small claims case against, and in what state to file the small claims case. Anyones help is appreciated.

I live in Rochester NY

The claim I have is for a problem we ran into during a family vacation in Cancun, Mexico.

The Family Vacation was paid for through my Travel Agent in Rochester NY.

The vacation was actually booked through Apple Vacations of Newton Sq. PA

The claim (problem) I had was with Apple Vacations

My Travel Agent actually has been on my side and has helped me in every way they can.

My travel agen filed my initial complaint against Apple

Apple Vacations response was not satisfactory

I personally wrote a letter to the CEO of Apple Vacations and sent certified mail

The response received back from Apple was not satisfactory.

I decided I want to pursue legal action (Small Claims)

Now, I dont know who do I file against? Apple Vacations alone, My travel Agent alone? or both of them?

And, in what state do I file NY or PA?

any help is appreciated...

Chuck
 


seniorjudge

Senior Member
You sue in the place where the bad people can be found.



Oh...and by the way.

I think you need to send an investigator to Cancun to check this out for you. I can do that at a very reasonable rate. Shouldn't take more than six months.


:D
 

chuck111hardy

Junior Member
in all seriousness, can someone help me answer the question about "who" I should sue, the travel agent (who i paid), Apple Vacations (who is the problem), or both? and a brief explanation of why

thank you!!

if I go back to Cancun, I will ask you to come!!!

chuck
 

seniorjudge

Senior Member
in all seriousness, can someone help me answer the question about "who" I should sue, the travel agent (who i paid), Apple Vacations (who is the problem), or both? and a brief explanation of why

thank you!!

if I go back to Cancun, I will ask you to come!!!

chuck
...You sue in the place where the bad people can be found...

Chuck, I already answered that.

You (that would be you) sue (that is, file a lawsuit) in the place (i.e., the county) where the bad people (those folks who got your money) can be found.

I can't make it any clearer.
 

chuck111hardy

Junior Member
with all due respect... the response I received was very clear for WHERE I should file the suit, however, my question now is WHO should I sue, the possible answers would be:

a) My Travel Agent (the one I paid, that helped me out all they could)

b) Apple Vacations (the one our vacation package wasa booked through and I have all the problems with)

or

c) both of them

you see its simple!!! a, b, or c??

and then a brief explanation of why you made that choice....

I hope (as in I really hope) I am making it clear.....

Thank you (sincerely)

Chuck
 

chuck111hardy

Junior Member
SeniorJudge,

I appreciate your prompt responses. As I said in my previous post, my travel agent has done everything they couuld to HELP ME resolve this problem with Apple. They have made calls, sent letters, and generally supported me in my claim. I do not consider my travel agent one of the (as you say) "bad people". I am not the kind of person to just go around suing everyone for anything, I am appreciative of what they (my travel agent) has done in trying to help me in this matter. What I wasnt sure of is if I had to involve them because they were the ones I paid for the vacation. I wasnt sure if there was a 'legal' reason to have themn involved in this suit. If there is a legal reason, obviously I have to involve them, but if there is no legal reason, and I can pursue an action against Apple alone, I would prefer to do that. Its an important decision for me because Apple is operating out of PA and I live in NY. So if I have to include my travel agent, its clear for me to file in NY, but if I dont have to include them, then I will file in PA.

Therefore, am I legally required to sue my travel agent because they are the one I paid? I dont want to get to PA only to have the Judge tell me, "why are you suing Apple, you didnt pay Apple, you paid your travel agent" and then I am back at square 1.

I hope you understand what I am trying to figure out.

Chuck
 

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