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Dispute with customer

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Dealer76

Junior Member
What is the name of your state? Arizona

Customer is disputing refund amount on a returned item, partial refund given. Suing us
in out of state small claims court for difference. Does a small claims court in another
state (LA) have any jurisdiction over an Arizona Corporation?What is the name of your state?
 


BelizeBreeze

Senior Member
Dealer76 said:
What is the name of your state? Arizona

Customer is disputing refund amount on a returned item, partial refund given. Suing us
in out of state small claims court for difference. Does a small claims court in another
state (LA) have any jurisdiction over an Arizona Corporation?What is the name of your state?
did you receive a summons from the Louisiana court?
 

Dealer76

Junior Member
response to question

Served a summons and received notification of a court date from a local small claims court in Louisiana, the state the merchandise was shipped to. Have replied by mail to court and
given them our response to plaintiff.
 

BelizeBreeze

Senior Member
Dealer76 said:
Served a summons and received notification of a court date from a local small claims court in Louisiana, the state the merchandise was shipped to. Have replied by mail to court and
given them our response to plaintiff.
and that response included this line right:???

defendant moves to dismiss due to lack of personal jurisdiction.
 

tranquility

Senior Member
As BelizeBreeze alludes, you better have included lack of personal jurisdiction in your answer or it is waived. Some states require a seperate motion before your answer with this claim or it is waived.

I have another, related, question. How did this guy find out about you? What were your *contacts* with him and the forum state. (LA)
 

BelizeBreeze

Senior Member
tranquility said:
As BelizeBreeze alludes, you better have included lack of personal jurisdiction in your answer or it is waived. Some states require a seperate motion before your answer with this claim or it is waived.

I have another, related, question. How did this guy find out about you? What were your *contacts* with him and the forum state. (LA)
I'm willing to bet E-BAY...:rolleyes:
 

tranquility

Senior Member
Internet jurisdiction. That should be easily unwound by an experienced small claims judge. (Insert appropriate emoticon here.)
 

Dealer76

Junior Member
How Contact Was Made by customer with us.

Customer saw the product offered through our online catalog. All correspondence and
transactions were directly with us. We do not have a location the the state the
merchandise was delivered to.

Most important question is can a judgement if issued against us in LA, be enforced in any
way in our state of AZ without them going to our local jurisdiction and filing in small
claims court?
 

tranquility

Senior Member
"Most important question is can a judgement if issued against us in LA, be enforced in any way in our state of AZ without them going to our local jurisdiction and filing in small
claims court?"

If the LA court finds you waived your defense of personal jurisdiction, or, that you had sufficient minimal contacts to establish that jurisdiction, they can order a judgment against you. Then, the courts in AZ will give the full faith and credit to that judgment.
 

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