• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

small claims court question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

WMackey

Junior Member
What is the name of your state (only U.S. law)? Kansas

We have an issue with a contractor (this seems to be a common problem, huh). Anyway, we had an issue with this contractor that now OWES us back money due to a discontinued job. This was agreed upon over a phone discussion, because he has no insurance now, and we don't want him continuing work for us. Anyway, its been 2 weeks since he said he would return the money. We have called him several times and left messages on his phone. He NEVER returns his calls, its been way to long (almost 3 weeks.) So where planning on taking him to small claims court.

But here's the question. We live close the boarder of Kansas and Missouri. The contractor lives in Missouri, but did work for us in Kansas. Where do we file for small claims? Missouri or Kansas?

Thanks.
 


SEC

Junior Member
As far as I know- and Im not an expert- if the work was done in Kansas, you file in Kansas, in whatever jurisdiction the work took place.

When you file, you should ask to make sure but I pretty sure that the suit needs to be filed based on your address since you are the plantiff.

Hope this helps :)
 

dcatz

Senior Member
File in the contractor's home state. That's where you're going to have to enforce the judgment. Assuming you have a right to file in your own state, you're going to domesticate a judgment in the contractor's state. That's just duplicate work and cost.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top