Being sued for breaking Training Contract.

[Ray82]

What is the name of your state (only U.S. law)? Indiana is where the small claims court is. I reside in Tennessee. At the time of the break in contract I was located in Ohio.

I answered a job ad in the paper for a paid training trucking company out of Indiana. Their training is through another company out of Indiana as well, but I lived in Ohio. They had a technical school do my training.

It was a short training and while a lot of my older classmates were able to get the hang of the training I was not. I was advised by the technical school in Ohio that I would need a couple more weeks.

I paid $3000 for the training at the Technical School and continued on. I broke the contract I had with the training school out of Indiana.

The contract is a paper without any kind of legal jargon on it. There isn't a "you sign here, while I sign here." It's just a word document printed out with places for me to initial. EDIT: And sign by me. I've never even seen the plaintiff face to face.

The contract clearly states that if I do not complete training I owe $725.

This all happened in mid-2006 May/June. The training company out of Indiana has had debt collectors call me and has reported on my credit.

I was going to bite the bullet and pay the debt collector because I signed the thing and I guess morally I know I should pay it.

My concern now that I am being sued is... How long will they keep this up even if I did pay the debt collector? It seems to me that they are trying to double dip in my pocket.

It seems to me that I already paid enough for my tuition with the $3000? I have a receipt.

Being that I live in Tennesee and have to travel to Indianapolis it's pretty tough thing to do mid-week.

Any advice? I'd like to just pay the $725 in two monthly payments or have the judge toss the contract out altogether. They are also sueing for reasonable costs in court.

EDIT: Called the Courthouse. They do a change of venue for $136. I'm hoping that if I have the venue changed to Chattanooga, TN the plaintiff will just give up on the $725.

 

[Zigner]

You're not going to get a change of venue if the plaintiff doesn't agree...

 

[Ray82]

Called the courthouse... They said it's rarely not granted.

Paperwork and every website I've seen says... Most websites say it's where the defendant is working and living as well as below.

The Defendant may within ten days of service of the summons file a change fo venue of this matter. Proper venue is determined by the court in the following order:

1. In an action upon debt or account, venue is the township where the defendant has consented to venue in writing signed by the defendent. ( I haven't done this. )

2. Venue is in the township where a transaction or occurence giving any part of the claim took place. ( It all occured in Youngstown, OH. Not Indianpolis, IN. )

3. Venue is in the township (In a county of the Small Claims Court) where the greater percentage of individual defendants included in the complaint reside, or, if there is no such percentage, the place where any individual defendant so named resides, owns real estate, or rents an apartment or real estate or where the principal office or place of business of any defendant is located. (Im the only defendant.)

4. Venue is the township where the claim was filed if there is no other township in the county in which the small claims court sits in which venue lies. Claims between landlords and tenants shall be in the township where the real estate is located. (Doesn't apply.)

EDIT: And where does the Plaintiff come into it for his opinion? It's filed before the small claims court time. There's nowhere for him to show up and say he doesn't want the change. He should of got proper venue upon filing. It's not my responsibility to go up to Indianapolis. It is his responsibility to make sure he's filing in the right county.

 

[Mass_Shyster]

1. In an action upon debt or account, venue is the township where the defendant has consented to venue in writing signed by the defendent. ( I haven't done this. )

Double check the contract for any language that may include an agreement like this. If you are positive that you did not agree to a specific venue, you should be able to file a motion to dismiss for lack of jurisdiction.

 

[Ray82]

Double check the contract for any language that may include an agreement like this. If you are positive that you did not agree to a specific venue, you should be able to file a motion to dismiss for lack of jurisdiction.

I apologize... now that this was mentioned there is a clause "Governing Law: This enrollment agreement is made under and will be governed in all cases by the substantive laws of the state of Indiana, notwithstanding the fact that Indiana conflicts of law rules might otherwise require the substantive rules of law of another jurisdiction apply. Whenever possible, each provision of this Enrollment Agreement or any related agreement or instrument shall be interpreted in such manner as to be effective and valid under applicable law, but if any such provision shall be prohibited by or invalid.."

Does this mean I can't get a change of venue? The clerk sounded pretty positive I could.

EDIT: There is also a venue/jurisdiction clause on the next page that waives rights to claim it any legal action was done in a inconvenient court. I didn't know you could sign away stuff like that.

 

[Ohiogal]

I apologize... now that this was mentioned there is a clause "Governing Law: This enrollment agreement is made under and will be governed in all cases by the substantive laws of the state of Indiana, notwithstanding the fact that Indiana conflicts of law rules might otherwise require the substantive rules of law of another jurisdiction apply. Whenever possible, each provision of this Enrollment Agreement or any related agreement or instrument shall be interpreted in such manner as to be effective and valid under applicable law, but if any such provision shall be prohibited by or invalid.."

Does this mean I can't get a change of venue? The clerk sounded pretty positive I could.

EDIT: There is also a venue/jurisdiction clause on the next page that waives rights to claim it any legal action was done in a inconvenient court. I didn't know you could sign away stuff like that.

The clerk is wrong. You consented to Indiana having jurisdiction. You are going to have to deal with court in Indiana.

 

[Ray82]

The clerk is wrong. You consented to Indiana having jurisdiction. You are going to have to deal with court in Indiana.

Yep. Thanks. Saved me $136. A lot of websites mention trying to settling before the date. Is this possible? How do I protect myself from settling first and them still going to court for the money? If they know I won't be able to show up...

EDIT: Called them. They are going to allow me to pay the $725 prior to the courtdate.