Where do I file a 5k+ Claim against a company?

I would like to file a claim against a NY Company for breech of contract. I am a PA resident. I entered into an agreement for services and those services haven't been rendered. I would like to know which court and state should I file the $5,000+ claim in. Should I start at small claims court in NY or PA? Or because of it being more than $5,000 does it need to filed in a different court?

dboyle10 said:

I would like to file a claim against a NY Company for breech of contract. I am a PA resident. I entered into an agreement for services and those services haven't been rendered. I would like to know which court and state should I file the $5,000+ claim in. Should I start at small claims court in NY or PA? Or because of it being more than $5,000 does it need to filed in a different court?

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It all depends on the venue issue on WHERE you can file (you don't just get to pick).

As far as which court level to file at, there is a limit to the amount you can file for in a Small Claims case. In NY most have a filing limit of $5,000, but some smaller town and village courts stop at $3,000. In PA, the small claims filing limit is $8,000 (except in Philadelphia, where it is $10,000).

Anything claimed over these jurisdictional limits you either waive to file in Small Claims or the case needs to be filed at the next higher level, which requires a lot more paperwork, has more process and procedures to follow, and which usually dictates having an attorney who knows how to get through the process.

How about starting with a quick "what happened and where" so that we can advise you further?

Where do I file?

I hired this NY based company to do some telemarketing sales. They would call my local area in PA to set up appointments, which I then would go on. There were other parts of the agreement as well but that is the basic job of that company. They didn't perform the job they were hired to do and will not refund my money. The initial cost was $5,000 but there are some other expenses that need to be recovered as well but no more than $500 more. I don't know if this is a small claims court or not? If I need to get an attorney that is fine but don't know if I need a PA or NY attorney? Any advice would be greatly appreciated.

If you reached them via a physical office location in your own state of PA, then it is a PA jurisdiction, even if that office is just a sales office. But if you went to their NY location to get their business, including via the internet, then it is a NY jurisdiction. If you went to NY but they have an office in PA anyway, it may be possible to sue in PA.

So tell more about how you found out about this company (did you find them or did they find you), and how the deal/agreement was arranged (in person, by phone, by email, etc).

RE: Where Do I File

The company does not have a PA office. They orginally contacted me via phone, I checked references and an agreement/contract was signed which was sent to me via email. I sent payment and a signed contract to their NY Office. They didn't fullfill the full agreement/contract. If I sue in NY do I start with small claims court or another court? Any guidance will be greatly appreciatated.