2 states - where to file?

[DCJENKINS777]

What is the name of your state? Texas - New Mexico

I am a video producer in Midland, TX. About 6 months ago a man called from Houston, TX (I'll call him Bob) Bob wanted to hire me to video tape his wedding in Hobb's New Mexico. Hobb's is about an 1 1/2 hour drive from here. Houston is about a 10 Hr Drive. I had the wedding date available so I told him I would do it. But I would have to charge him Milage in addition to my normal charge. He aggreed. He then filled out an online application that gives me the date, time, location, and who is responsible for paying. He then mailed me the $200 Deposit. I drove to Hobb's and video taped the wedding - Bob was curtious and seemed like a good guy. I returned to Midland and began editing the tapes. I finished the tapes and spoke to Bob on the phone I agreed to go ahead and send him the tapes and he would send me the check that same day. Normally I wait until I am paid to release the tapes. About a week later I contacted him to make sure he had recieved the tapes and to let him know that I had not yet recieved the check. He stated that he had recieved the tapes and that he and his wife were both very pleased with them. He also assured me that he had sent a check and I agreed to give it a few more days to get through the mail. A week later I had still not recieved the check. I called again and he said it must have gotten lost. He would send another check. It never arrived - I spoke to him once after that and offered that he could pay with a Credit card he said he couldn't and would send the check right away - it never arrived. I spoke to his wife once since then and she stated that he had told her it was sent the week before. It never arrived. Now they do not answer the phone when I call , do not return my messages, and do not respond to mail or e-mail. So to my questions:

1) Do I have a case?

2) where do I go to small claims court? Houston where he called from? Midland, where the editing was done and the sale was made? Or Hobbs, where the video taping was done. I would much prefer to do it in Midland, or Hobbs, to save my travel expenses.

Thanks

Don

 

[SCin SC]

this nay sound obsurd

but your case sounds like it belongs on Judge Judy or the people's court. Heck your from TEXAS what about judge mathis.

It is typical of the types of caes on those shows, plus they pay you to appear. Sorry if it sounds obsurd. But look into it once you file your case, usually they ask for your court case number when you apply to them.

 

[DCJENKINS777]

Where to go?

I was really hopefull that someone here could answer my question. But so far no luck. - Does anyone have any advice on where I can go for help with this - business has been slow and a have several clients that are slow in paying - I can't afford a lawyer but really need the money that is owed me.

Thanks

Don

 

[DCJENKINS777]

ok that was helpful

 

[madmark]

first of all, call your local magistrate court clerk, that person will know whether or not they have jurisdiction, if they don't and i assume they do, they will inform you of who would have jurisdiction.

i imagine where you live will be where jurisdiction rules. check into it though before you file though. the local courts can be helpful at times.

 

[JETX]

DC:

"Do I have a case?"
*** Yes. And it sounds like you have a good case. However, the chances of success in court will largely depend on the evidence you have to support your claim. This will include the online application, the deposit, etc.

"where do I go to small claims court?"
*** Here is your problem. Unless you have something to state the venue to be YOUR local court, the Texas Rules of Civil Procedure require that you file the lawsuit in the defendants home county. This means that the defendant has a right to force you to travel to Harris County to prosecute your case. Here is what I would do..... go ahead and file in your local small claims court and have him served in Harris County. He has the right to file a motion to change venue, but most people don't know this. That will be a risk that you would assume..... that he doesn't exercise that right to venue. If he is served, and doesn't file a motion to change venue, you will very likely get a default judgment against him. And since you are also in Texas, that judgment in your county will be valid statewide.

So, toss the dice and file in your home county. The worst that could happen would be for that case to be dismissed and you would have to file in Harris County.

 

[DCJENKINS777]

thanks

Thank you That was a very helpful reply it confirmed what i had been thinking my course should be.

Don