Small Claims Venue

[LesO]

I just read" How to Win in Small Claims Court in Texas" and have am unclear about venue. I am in Harris county and the corporate office of the company that owes me for goods is in Austin. They have stores in many counties in Texas, including Harris. Is it true that my small claims court filing must be in the county where the debtors operating office is? (Austin)

 

[I AM ALWAYS LIABLE]

I just read" How to Win in Small Claims Court in Texas" and have am unclear about venue. I am in Harris county and the corporate office of the company that owes me for goods is in Austin. They have stores in many counties in Texas, including Harris. Is it true that my small claims court filing must be in the county where the debtors operating office is? (Austin)

My response:

All because a company is fortunate enough to have 500 stores, coast to coast, doesn't mean that when you enter into a contract at a store in Bumwhistle, Texas, that you have to file a claim where the corporate offices are in Hayseed, Kentucky. If that were the case, then a company could, theoretically, hide itself from its stores, and thus, hide from jurisdiction.

Your contract claim is properly filed in the county where you entered into the contract - - not where the "corporate person" resides.

IAAL

 

[LesO]

Added question - Venue

The goods were purchased with a faxed order. This was the third such order placed. Since I received the order in Harris county Texas, is that the county I can file my claim in?

 

[I AM ALWAYS LIABLE]

Your contract claim is properly filed in the county where you entered into the contract - - not where the "corporate person" resides.

 

[JETX]

File your suit here in Harris County. Though you probably would have no problem filing in YOUR local JP court, you might just go ahead and file in the JP court located near one of their Houston stores, just for assurance.

By suing them in Harris County, you afford yourself the opportunity of challenging any venue issue that the Defendant might raise (if they do raise the issue at all).

Also, since you are apparently suing a corporation, make sure that you are suing the correct party and through their 'registered agent for service'. That is one of the biggest 'fatal mistakes' made in Small Claims actions... incorrect capacity.