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Where the transaction actually occured - where to sue?

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gtslabs

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

I want to file in a Small Claims Court for $3,995 balance against a customer we did work for 2 years ago.

The client is located in Erie, PA, we are in Pittsburgh and the project was in Holmes County Ohio.

We met the client’s representative at a geographical midpoint between the project and our office. This meeting point was at a gas station in Lisbon OH.

However we did not receive an Authorization to Proceed until 05/01/08 ( a later date) which came in the form of a FAX to our office in Pittsburgh.


I am trying to figure out where I should file? The municipal courts say it should be where the transaction occurred?


Erie, PA – Clients office and location of where Fax was sent

Pittsburgh, PA – Where services actually occurred and we received the fax with authorization to proceed.

Holmes County, OH – Where project is located but we were never there.

Lisbon, OH – where we picked up the samples from a representative at a gas station meeting point – nothing signed when samples received. We were told to hold the testing until notice to proceed.


And this is going on 2 years – is there a statue of limitations?


The original balance was $5,995 and they made four $500 payments over 2 years time. This client has a history not paying vendors or negotiating for $0.50 on the dollar and starting new companies.
 


BOR

Senior Member
You will find probably both the Ohio and PA Rules of Civil Procedure outline Venue filing. They may say either where the plaintiff OR defendant resides OR where the Cause of Action took place.

Since both reside in PA, I personally would forget about Ohio?

Check the PA rules.
 

gtslabs

Junior Member
response

Via PA Code 302
C. Except as otherwise provided by an Act of Assembly or by subdivision D of this rule, an action against a corporation or similar entity may be brought in and only in a magisterial district where:

(1) its registered office or principal place of business is located, or

(2) it regularly conducts business, or

(3) the cause of action arose, or

(4) a transaction or occurrence took place out of which the cause of action arose.

I dont want to have to travel to Erie so I am hoping to have it here in Pittsburgh. Does #3 "the cause of action arose" let me file where my business is?
 

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