In the past I asked this company several times to be placed on their do not call list and they continued to call. According to Federal Law, I can claim US $500.00 per violation to be paid to me. If they do not comply, I need to take them to court. Do I file in my state or theirs?
2006-08-29 02:02:18 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
File in thier state, or where the illegal act occured.
2006-08-29 02:27:12 · answer #1 · answered by Catspaw 6 · 0⤊ 0⤋
Typically a law suit needs to be filed where the dispute or claim takes place. You could argue that the occurrence of the claim takes place in your home state because they phoned you in your home. It would further support filing in your home state if the call(s) originate in that state as well. However, it is more likely that the calls originate in a foreign country, such as India, which further complicates filling.
If you are serious about taking your claim to court, then consult a Lawyer if your claim is going to exceed the limits of a small claim.
2006-08-29 02:17:46 · answer #2 · answered by No More 7 · 0⤊ 0⤋
You file in the state you take the company to court in.
2006-08-29 02:08:40 · answer #3 · answered by kingstubborn 6 · 0⤊ 0⤋
Two options:
Option #1
If you have a contract, then there should be a section describing which states laws apply. If not, then proceed to option 2.
Option #2
File in the state where the alleged illegal activity occurred.
2006-08-29 02:16:55 · answer #4 · answered by IknowNothing 2 · 0⤊ 0⤋
all corporations have to file with your state's commerce department or whatever it's called there. They have to do this to conduct business in your state and have an office to receive mail and such.
Then you file in your state and the case takes place by you.
2006-08-29 02:06:40 · answer #5 · answered by yars232c 6 · 0⤊ 0⤋