GA customer, NC Company $550 past due

[s3637b]

What is the name of your state? NC

We are an LLC registered in NC and have a customer (individual) who resides in GA, he had placed and order and payed with Paypal, he disputed his Paypal payment after his order had shipped, then accepted delivery. Paypal automatically withdrew all funds and claims they are unable to credit the money back to our account becuase of an address mismatch between where it was sent and his address on file with them (his zip code had two digits transposed which was caught by and corrected by our shipper) we sent Paypal all the signed bills of lading, etc. and no luck (needless to say we no longer accept Paypal) Anyway, for the past three months our notices and calls to this customer have gone unanswered, we wish to move forward with the case in small claims court and my question is do I file in NC or in Georgia, or is small claims even an option since the transaction was across state lines?

Thanks for any help.

 

[Dandy Don]

Post your question on www.lawguru.com or better yet, consult with a local small claims attorney about this. You should even visit the small claims court in your area to see what the rules/regulations are and you might get your question answered there.

 

[JETX]

my question is do I file in NC or in Georgia, or is small claims even an option since the transaction was across state lines?

Rather than being jerked around with a link to another site by Dandy Dunce... (who wouldn't know the correct answer anyway).....
Yes, you can file your lawsuit in your home court. Then, have him served in compliance with YOUR state rules of service (to satisfy your court). Of course, he could file a motion to dismiss claiming lack of jurisdiction, but from your post, it sounds like you could make a good argument that your local court has jurisdiction. (Also, I suggest you include a 'venue statement' as a part of your account paperwork in the future!).

As for the small claims... your state (NC) has a $4k limit, while Georgia's is $15k. As long as you are under the $4k limit, you can file in NC small claims.