Small Claims Out of State?

[ehenning]

What is the name of your state? What is the name of your state? Utah

I was wondering if it's possible to file a small claim against someone in another state without visiting such state. I run a business in Utah and would like to file a claim against someone in Texas ... Is there a way to do so without myself going to Texas to file and show up for the case. Any help would be appreciated. Thanks

Eric

 

[JETX]

Q) "I run a business in Utah and would like to file a claim against someone in Texas ... Is there a way to do so without myself going to Texas to file and show up for the case."
A) Yes.... and no. You can certainly file your case from out of state, but you would have to argue your case based on Texas laws (Utah laws are unenforcable outside of Utah). Further, there are several other issues, some are:
1) Jurisdiction: the defendant (in Texas) can file a Motion to Dismiss due to jurisdiction. Jurisdiction is one of the more confusing issues in the start of a case, but depending on the claim being made, this would probably be granted.
2) Appearance: assuming that the defendant doesn't challenge jurisdiction, you would have to appear to argue your case.

 

[ehenning]

Here's more information .. Maybe you could clarify on what i would do ... I sold a buyer in texas a laptop ..they didn't like it/etc and decided to file a chargeback with their credit card company .; They finally return it ..it's in about 20 peices and definately will never be of any value again .. I'd like to file against them for the cost of the laptop (only 215.00) ... Could i file in local courts on the issue? Or do i file in texas and see what happens? Obviously it's not worth driving/etc to texas over $215 (would cost more/etc than it's worth)... Any ideas would be helpful =) Thanks!

Eric

 

[JETX]

You have some major problems in this:
1) The jurisdictional issue just isn't worth the time/trouble for a few hundred $$'s.
2) Even if you did file, I am sure the defendant would argue that you sent it that way. And you have only your word that the computer wasn't.
3) At $295, the computer mustn't have been much and you would have to try to prove the value before and after.

Sometimes you have to accept the fact that the cost of pursuing a claim against someone just flat isn't worth the ordeal.... since you are only talking about a few hundred $$'s, it sounds like this is one of those times that you just 'suck it up' and learn from it.

 

[ehenning]

I know it's on a few dollars ..but i'm trying to prove a point to the person .. I have pictures BEFORE and AFTER of the laptop ...one picture before showing it in one peice ...working ...and 6 after showing it in several peices ..i also have 3 witnesses to when i opened the box ... Probably isn't worth it but i figured i'd ask to see ...

 

[I AM ALWAYS LIABLE]

I know it's on a few dollars ..but i'm trying to prove a point to the person .. I have pictures BEFORE and AFTER of the laptop ...one picture before showing it in one peice ...working ...and 6 after showing it in several peices ..i also have 3 witnesses to when i opened the box ... Probably isn't worth it but i figured i'd ask to see ...

My response:

Sometimes, "the principle of the thing" is worth far more than the actual amount in dispute. Sometimes, you have to stick up for yourself "to prove a point", and spend dollars to go after pennies.

As an attorney, I do this all the time for my clients who want to pay my fees. My clients are fairly wealthy people, and it's fun to "beat someone into submission" - - to teach them a lesson, even if it takes $3,000.00 to go after $300.00 (of course, I have clients willing to spend a couple of hundred thousand dollars to go after what seems to be pennies). I absolutely LOVE clients like that !

My vote is - - do it !

Prove your case with your pictures, and just beat the crap out that "out-of-Stater". Go get him ! Stomp him! Crush him! Make him SCREAM !

IAAL