if a car acident was in one county and the lady who we are suing to the small calims court lives in a different county which court has the jurisdiction?
where the accident happend?
or were she lives?
2007-06-29 04:03:56 · 4 answers · asked by levan k 1 in Politics & Government ➔ Law & Ethics
The answers above are incorrect. While, ultimately, where you should sue depends upon the law of the state in which you're suing, small claims cases are often different from other types of cases.
In many jurisdictions (including those in New York) a small claims court does not have jurisdiction over anyone who is not a resident of the city or county in which the suit takes place.
Therefore, if you're suing someone in Westchester for an accident that took place in New York City, you'd have to sue in Westchester - because the small claims court of the city would not have jurisdiction over the person who is a county resident.
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Note to the NYU student: Civpro is a nice course, but NY Practice is what you needed for this question.
2007-06-29 15:02:59 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you are going to sue some one for the accident, the trial should take place in the Jurisdiction of the county in which it happen. but if you were assisted by state cops, then that might be a different story. You might end going to a state court, being as your are planning to sue.
2007-06-29 04:28:36 · answer #2 · answered by Anonymous · 0⤊ 1⤋
IANAL, but I believe that the party being sued must be notified in some way, therefore in the county where she lives.
Paperwork would possibly read: "While driving on XXX road in
ABC county on the Xteenth of Whatever, it s alleged..."
2007-06-29 04:12:10 · answer #3 · answered by sirbobby98121 7 · 0⤊ 1⤋
Logically, I would think it would be in the jurisdiction of where the accident happened.
2007-06-29 04:13:23 · answer #4 · answered by Anonymous · 0⤊ 1⤋