What state should I file suit in for an internet trans.?

[dbstewart]

I bought an item on e-bay for 4500.00 dollars that I just spent 2600.00 dollars to repair. I live in NH and the item was transported to NH for pick up but I sent the money to a MA address. I want to file suit in small claims court. Should file suit in MA or NH?

 

[JETX]

You need to file in whatever state the defendant has assets. In this case, assuming he has no assets in NH, you should sue in MA.

That way if/when you win, you have a judgment where his assets are, so you can enforce the judgment.

Or you can sue in your state, and hope he doesn't file a venue challenge and then you will have to domesticate your judgment into the MA courts to enforce it, etc. Save yourself a lot of ordeal and just do it MA.