Where can I sue?

[tcnjcoach]

What is the name of your state? New Jersey

I had a new granite countertop installed by a major company in New Jersey. The company required 50% paid in advance at the time of templating and full payment in cash before installing the final product. I paid in full before the countertop was brought in. It wasn't until they left that I realized that during the installation, while cutting down some of my backsplash tiles with a circular 6 inch saw, that they had severed my TV cable inside the wall. Due to the close proximity of a vent pipe adjecent to the area of the severed cable, there is also a strong possibility that the vent pipe was also cut, thus possibly exposing hamful and fatel gasses into the house. The counter top is also of uneven depth with the edge stickicing out over the cabinets anywhere from 1" to 1/8th". The total final square footage is also less than what I was billed. All of these things were not immediately visible at the end of the installation and in any event, they had already been paid prior to installation. I contacted the company and asked that they at least verify if the vent pipe had been severed, by having a plumber send down a camera through the pipe from the roof above. I did not want to demolish the existing tiled wall unless I was certain of the damage inside it, I did email thenm pictures of the severed cable which i pulled up from the electrical box. Also, when I originally asked for a copy of the template drawing showing the actual dimensions of the template they refused to give it to me stating that was an internal document. They already have all my money. Can I take them to small claims court? If so where? I am afraid that by taking them to the municipal court where the business is located I would be at a disadvantage, since this is a large company in that small town and likely to have some preferential treatment with the court. I live in New York state. Since the installation took place in my house in NY, can I start a claiim against them in NY? Can a verdict in a NY court be enforced against a NJ company? Do I have a legal leg to stand on or am fighting an uphill battle?What is the name of your state? The Company is in New Jersey, my house in New York State

 

[fairisfair]

https://forum.freeadvice.com/showthread.php?t=356199

how many threads are you planning to start on this same subject??

 

[fairisfair]

here, try these guys first

New Jersey
Dept. of Community Affairs
Bureau of Homeowner Protection
www.state.nj.us/dca/index.html
(609) 530-8800

they should be able to direct you if they are not the ones in a position to assist.

 

[ForFun]

In general, I'd say bring the action in NY. The fact that you reside in NY and that the work was performed in NY is probably strong enough to keep it there, although not necessarily. The defendant may try to have the suit dismissed due to what's called forum non conveniens. This basically means that if there is a more appropriate forum, the court will dismiss the suit.

Exercising personal jurisdiction over the defendant shouldn't be a problem since they do work in NY, and thus have minimal contacts with NY. In a nutshell, this means you should be able to get the NY judgment recognized in NJ if you win.

The bottom line is sue them in NY and see what happens.

 

[fairisfair]

In general, I'd say bring the action in NY. The fact that you reside in NY and that the work was performed in NY is probably strong enough to keep it there, although not necessarily. The defendant may try to have the suit dismissed due to what's called forum non conveniens. This basically means that if there is a more appropriate forum, the court will dismiss the suit.

Exercising personal jurisdiction over the defendant shouldn't be a problem since they do work in NY, and thus have minimal contacts with NY. In a nutshell, this means you should be able to get the NY judgment recognized in NJ if you win.

The bottom line is sue them in NY and see what happens.

good advice, however I wasn't suggesting starting off with a lawsuit, personally I would start with the "registrar of contractors" or its equivalent there of. Your idea is correct as well, regarding small claims (if it can be heard in small claims since we do not know the amount of the project)

 

[You Are Guilty]

Check here to see if the company is licensed to do business in NYS:
http://www.dos.state.ny.us/

If they are, then combined with FF's reply above, you really have a good argument that NY venue is proper.

 

[dcatz]

(First, eliminate double posts. You've received no responses in the other forum. Delete the post.)

Now, whether or not they're based in NY, they must have a Home Improvement Contractors license to do the work they did for you in NJ. Oddly, licenses are administered by the NJ Dept. of Banking and Insurance. Check there. I'm going to assume, if they regularly work in both states, there's a license.
http://www.state.nj.us/dobi/banklicensing/homerepaircont.html

However, odd too is the fact that home repair contractors working in NJ need a license if they're doing financed work but not for jobs for cash and requiring less than 90 days. The NJ Dept of Consumer Affairs provides data on all registered contractors, and I'd start there first. In addition to the site supplied by fairisfair, the following will give a listing of registered contractors:
http://www.njconsumeraffairs.com/contractor.htm

Don't get caught up in this minimal contacts maze; it's an unnecessary artifice originally conceptualized so that states could tax out-of-state businesses. If they have a license, by definition they're authorized to do business in NJ and are subject to suit. And, unfortunately, if they're playing the "internal document" game, that's what it might come to.

Make your request again, but make it in writing-certified and RRR. If you want to fax too (because there may be escaping gases), do it but write as well. Emphasize your concerns and that time is of the essence. If your concerns are legitimate and they don't respond promptly, get someone else to check. Let the original contractor know you'll have to do that, if you don't get prompt cooperation, and will consult the DOBI, DCA and an attorney about damages.

You don't say if they're a corporation. I'm guessing they are, if they're as big as you say. If it turn out they are, their registered agent for service of process in NJ must be a public record. In most states, that information is posted on the Secretary of State's website. Check yours. Then post back if you don't get a cooperative resolution.

 

[tcnjcoach]

To dkatz

I don't know if I am allowed to say the name of the firm. They are supposedly the largest marble and granite company on the east coast with three huge facilities, two in NJ and one in PA. They have a website and they are incorporated. This is is not a small fly by night company, but they do demand full payment in cash or certified check at the time of installation, which I found out was prior to bringing the slab into the house. The countertop cost me $ 3300. Since this is a corporation, must I file suit in a special small claims court in NY that deals with corporations? I live in Rockland county, NY. I thought small claims courts dealt mostly with individuals and not corporations.

 

[dcatz]

I think you've had us going in circles about where you lived and where this took place. I know that I posted twice, first believing that you lived in NY and the company was in NJ and then deleting and changing all references because you start the post by saying the state is NJ. I think fairisfair had a similar problem. I guessed that perhaps you had a second home. The others appear to have seen what I missed.

Disregard the NJ references in the first two paragraphs of my post (I should have stuck with the original). Home repair contractors must be licensed through the Dept. of Consumer Affairs in NY:
http://www.nyc.gov/html/dca/html/initiatives/contractors.shtml

The remainder of the post expresses my opinion and advice, and I have little doubt that jurisdiction exists and venue is proper in NY and that they are likely to be an authorized corporation, with a registered agent on the SofS's website.

As to your present follow-up question, you can sue a corporation in SC court, and the jurisdictional maximum has gone up from $3,000 to $5,000, so your out-of-pocket to-date is covered. That begs the question of whether your damages will go higher than $5,000, if you don't get cooperation from the contractor and have additional costs for repair/replacement. If you do, your SC recovery is capped at $5,000.

If you need to sue (and I hope you won't), there are two additional considerations in choosing Small Claims. First, review your contract to ensure that there is no requirement that any disputes must be submitted to arbitration. That sort of provision is not so uncommon that you shouldn't check before filing, because the defendant will just ask that the case be dismissed to allow for arbitration.

The second consideration is that NY permits corporations to be represented by attorneys. This is not true of every or even most states, including my own. No matter how you cut it and the amount of personal preparation you put in, it's likely that you'll be at some disadvantage. It's not a certainty and it's not said to dissuade you, and a court will surely try to be neutral and objective, weigh the evidence and rule on the merits. I'm just saying that will likely create a disparity. Their attorney will have "been there before", and you will not. That's the "uphill battle" part. A NY judgment could be domesticated and enforced in NJ.

I'm not suggesting that you don't go the SC route if forced to litigate to be made whole. And you certainly can against a corporation,if you wish. But you also might want to measure all of your expenses and determine the cost-benefit of having an attorney represent you in a higher court. There are arguements for and against, and we can't make the decision for you.

 

[You Are Guilty]

Disregard the NJ references in the first two paragraphs of my post (I should have stuck with the original). Home repair contractors must be licensed through the Dept. of Consumer Affairs in NY:
http://www.nyc.gov/html/dca/html/initiatives/contractors.shtml

Quick geography lesson. Rockland County <> New York City (New York, Bronx, Kings, Queens & Richmond Counties)

The second consideration is that NY permits corporations to be represented by attorneys.

Not to be nit-picky, but its actually required, not merely permitted.

 

[danielmontesjr]

Dealing with small claims.

I am not an attorney, but have some experience with small claims. First, how much is it going to cost to fix or recover your over charges? Small claims ususually have a max at $5000. Send the contractor a certified letter demanding a dollar amount to fix what they cut and for their over charges. I would not let them back into the house. Give them 10 days to respond. After that goto your local JP court, file the case and get them served. Your JP, not theirs because the work was at your residence and not in NJ. You will have the advantage in JP, because its your local JP, and they have to hire an attorney to defend them in JP costing them more than what they owe. Also, in JP, they cannot claim attorney's fees against you. You can present your claim by yourself without hiring an attorney. You need good documentation, photos, contract, and maybe some eye witnesses, etc. for the JP judge. JP judges are down to earth. If the contractor fails to file and answer you can go for a default judgment and you won. If they are smart, they should settle with you, because at JP you got them. The contractor has no defense for their actions or failed to correct their negligence and their overcharges. Once you get your judgment then execute it through the JP court. Yes, your NY JP judgement is valid in NJ and is enforceable. Also, ask your home insurance agent about a possible claim. You insurance may sue the contractor to recover their losses. Just another angle. You can do it. Go get them. Good luck.