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Subject:
Small Claims Court Jurisdiction
Category: Relationships and Society > Law Asked by: kkrueger-ga List Price: $2.00 |
Posted:
14 Jan 2003 10:58 PST
Expires: 13 Feb 2003 10:58 PST Question ID: 142591 |
I am considering suing a Connecticut-based company in small claims court. I am located in Colorado. Do I have to sue them in a Connecticut small claims court or can I sue them in a local court? |
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Subject:
Re: Small Claims Court Jurisdiction
Answered By: nvwriter-ga on 14 Jan 2003 11:14 PST Rated: |
Hello kkrueger-ga, and thank you for your timely question. According to the State of Connecticut Small Claims FAQ: "9. Can an out-of-state individual or business file a claim in Connecticut? Yes, however, the individual or business may be required to attend court hearings if the defendant contests any of the proceedings or if the court determines that the business or individual's presence is necessary." For more information, you can read the entire FAQ here: http://www.jud.state.ct.us/faq/smallclaims.html Here is additional information on making a claim in Connecticut: http://www.jud.state.ct.us/directory/directory/directions/smallclaims.htm I hope this helps you in your quest for your missing money. If I can clarify anything, please let me know before you rate my answer, and thank you for using Google Answers! nvwriter-ga Search Strategy used: "connecticut" +"small claims" ://www.google.com/search?q=%22connecticut%22+%2B%22small+claims%22&num=100&hl=en&lr=&ie=UTF-8&newwindow=1&sa=n&oq=%22conneticuit%22+%2B%22small+claims%22 | |
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kkrueger-ga
rated this answer:
Just what I wanted. Thank you. |
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Subject:
Re: Small Claims Court Jurisdiction
From: expertlaw-ga on 14 Jan 2003 11:41 PST |
Please note that you do not have to be physically located in a state in order to be doing business in a state, and thus subject to the jurisdiction of that state's courts under its "long arm" statute. (A reference to "the long arm of the law".) Colorado's long arm statute is reproduced on the website of Sheila K. Hyatt, a law professor at the University of Denver, at: http://www.law.du.edu/hyatt/Colorado%20Long%20Arm%20Statute.htm |
Subject:
Re: Small Claims Court Jurisdiction
From: kkrueger-ga on 14 Jan 2003 12:30 PST |
But if I sue in a Colorado court and lose, can the out of state company sue me for their travel and legal expenses? |
Subject:
Re: Small Claims Court Jurisdiction
From: expertlaw-ga on 14 Jan 2003 14:06 PST |
Typically, the only lawsuits that can be brought in relation to past litigation are "abuse of process" and "malicious prosecution". An "abuse of process" suit involves process lawfully obtained, but used for an abusive purpose. (For example, the defendant may have lied to the court in order to obtain a court order affecting the plaintiff. A malicious prosecution case requires that they prevail in the action you file, then establish that it was frivolous. In some states, after prevailing in civil litigation, they must also prove "special damages" - that is, they can only recover if they can prove that they incurred expenses that would not have ordinarily been incurred in the defense of a meritorious suit. Such lawsuits are unusual. That's a long way of saying, probably not. If the business contests that Colorado has jurisdiction, they would ordinarily file an objection with the court, stating that the lawsuit should be filed in a different state. The judge may agree, and toss out the lawsuit. Even if the judge does not, if the business has no presence in Colorado it may be difficult to collect a judgment. Without knowing the facts of the claim, and a bit more about the defendant, I really can't speak beyond those generalities. (I'm not trying to avoid giving you a straight answer.) |
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