I own a business in which I do wedding planning. The persons wedding took place out of their state. We disagree about some of the cost I should have to pay. If they take me to small claims court will I have to go to MS (Where they live) or will they have to come to my court?
Thanks.
2006-09-19 03:02:47 · 10 answers · asked by Sam468 2 in Politics & Government ➔ Law & Ethics
That would depend on who files the lawsuit first (you choose where to file), and whether the court has jurisdiction over out of state residents & under what conditions (you can ask the clerk at court).
Your contract might also have a boilerplate clause or a provision that states which court has jurrisdiction, if it were written by a lawyer.
2006-09-19 03:14:35 · answer #1 · answered by Randy G 7 · 0⤊ 0⤋
Assuming you're interior the united kingdom, the respond is as follows. there is not any such component simply by fact the small claims court docket. There are small claims, that are dealt with interior the county court docket alongside with different claims, yet there is not any specific or diverse court docket. Small claims (under £5k or £1k if very own harm) is a sort of dispute selection. There are not any expenses offered (shop for the court docket fee for the claimant of £sixty 5) and hence the settlement fee is rather intense. i'm afraid which you have have been given have been given to forget approximately any solutions (little doubt properly-intentioned) that recommend any share parent of fulfillment simply by fact they are completely made up (whoops! a selection of of thumb-downs for me!). The DCA do no longer shop stats of fulfillment for the two claimants (or defendants) so no-one is conscious how many win or lose. i've got been a lawyer for 15 years and that i don't be attentive to so i'm fascinated to work out the beneficial assertions above and the place those come from. The small claims technique helps human beings to hold modest claims earlier a choose without the phobia of extensive criminal costs. It additionally helps defendant's to safeguard in any different case sturdy claims without the phobia of extensive criminal costs - so it extremely isn't any longer a one-way highway. So in case you have a respectable declare, provide it a bypass - all you lose is your court docket difficulty fee and an afternoon putting 'around at court docket. desire this helps
2016-10-17 06:37:16 · answer #2 · answered by avey 4 · 0⤊ 0⤋
Most states do not accept jurisdiction over non-residents who do not commit some act within their state (such as driving a car or doing business). In this case you planned a wedding in another state. Whether that constitutes doing business in the state depends upon a number of factors which you have not stated (eg. such as whether you or your employees traveled to the other state; whether you shipped goods there; where you were paid; whether you signed contracts with caterers there, etc., ) and on which various states differ in emphasis. So the answer is: If you are sued in their state, contact an attorney there to see whether you can get it dismissed on jurisdictional grounds.
2006-09-19 03:51:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You will have to go to theirs but you might be able to send a notarized affadavid.....better you show up as the judge could issue a judgement against you but that will have to be served directly on you where ever you are. You also might be able to hire an attorney in the city or village where the hearing is being held to represent you at that place...Good luck..maybe they won't even follow through.
2006-09-19 03:08:57 · answer #4 · answered by calming 2 · 0⤊ 0⤋
While I dont know where she is, Small Claims Courts generally have jurisdiction only within the County. THey cant serve you in your state.
2006-09-19 03:09:45 · answer #5 · answered by Anonymous · 0⤊ 0⤋
why should you have to pay anything? they hired you. if they want your services, unless you volunteer to pay for stuff, (and you should have a contract stating these things) costs should be theirs. i'm thinking this has to do with your stay out of state. i think you should revise your policy on this kind of thing. maybe charge more as a flat rate for services where you have to travel so you don't get screwed like this. now look, they're gonna make you pay for travel expenses again...
2006-09-19 03:12:30 · answer #6 · answered by practicalwizard 6 · 0⤊ 0⤋
Depends whre the claims was filed. If they file the claim in MS then u had to go there!
2006-09-19 03:04:45 · answer #7 · answered by NONAME 3 · 0⤊ 0⤋
they would have to come to your state because this is where your business is located. the person that files the law suit takes precedent over where the trial will be held
2006-09-19 03:06:04 · answer #8 · answered by gsxr 2 · 0⤊ 0⤋
Proceedings will be held in the county where the case is filed.
2006-09-19 03:55:34 · answer #9 · answered by Anonymous · 1⤊ 0⤋
It could go either way.
2006-09-19 03:08:14 · answer #10 · answered by Anonymous · 0⤊ 1⤋