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Small claims jurisdiction from Iowa and Nebraska

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Glenwood

Junior Member
I have filed a small claims suite against a window company who is located in Omaha Nebraska, I live in Mills county Iowa.The suite is over defective windows installed in my home. The window company has now asked for a motion to file a counter claim for $5,000.00. Their claim is that I published a defaming letter to the neighbors of the owner of the window company who lives in Omah Nebraska. I was cited for these allegations in Douglas county Nebraska for disturbing the peace by Douglas county sheriffs dept. When the Douglas county court house reviewed the citation they dismissed the charge (no reason given just dismissed). My question is does a small claims court in Mills county Iowa have the jurisdiction to bring these allegations into a counter claim in Mills county Iowa. The allegations are stemming from Douglas county Nebraska. Does Mills county have a jurisdiction over allegations from another state let alone another county?
 


Mass_Shyster

Senior Member
I have filed a small claims suite against a window company who is located in Omaha Nebraska, I live in Mills county Iowa.The suite is over defective windows installed in my home. The window company has now asked for a motion to file a counter claim for $5,000.00. Their claim is that I published a defaming letter to the neighbors of the owner of the window company who lives in Omah Nebraska. I was cited for these allegations in Douglas county Nebraska for disturbing the peace by Douglas county sheriffs dept. When the Douglas county court house reviewed the citation they dismissed the charge (no reason given just dismissed). My question is does a small claims court in Mills county Iowa have the jurisdiction to bring these allegations into a counter claim in Mills county Iowa. The allegations are stemming from Douglas county Nebraska. Does Mills county have a jurisdiction over allegations from another state let alone another county?
Short answer: Yes.

The state you live in has personal jurisdiction over you.

ETA: Not all small claims courts allow claims for defamation.
 

Glenwood

Junior Member
The judge will hear the motion on 10-21-2009 by phone between plaintiff and defendants counsel. Is there any way or base in which to get the motion denied by the judge.
 

Mass_Shyster

Senior Member
The judge will hear the motion on 10-21-2009 by phone between plaintiff and defendants counsel. Is there any way or base in which to get the motion denied by the judge.
Beats me. I haven't seen the motion, nor am I familiar with the rules for small claims court in Iowa.
 

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