Small Claims - Out of state Bank

[kgreen317]

I live in New York and I want to sue a National Bank that is not headquartered in New York. Can I do this in the county I live or do I have to make the claim in the state where the bank is headquartered?

This would be a small claim case because the amount is under $5,000.

Thank you.

 

[racer72]

If the bank has a branch or presence in your area, you can sue in your local court.

 

[You Are Guilty]

If the bank has a branch or presence in your area, you can sue in your local court.

Well, International Shoe factors aside, if the dispute arouse out of some sort of use of the bank, I've yet to see one that doesn't have a forum selection clause buried somewhere in its paperwork, and if one does exist, I highly doubt it selected NYS Small Claims Court as the agreed upon venue.

Poster, it's time to break out the paperwork and see if a forum selection clause is there.