4 ms·
Why not just sue them in your own local small claims court? You are more likely to win by default.
by briansmith 18y ago
Why not just sue them in your own local small claims court? You are more likely to win by default.
- ryanwaggoner 18y agoYou're usually required to file in the defendant's court, and with good reason. The judge will likely toss the case out unless you have a really good reason for not filing here.
- fatdog789 18y agoThat's so wrong that it hurts. There is no legal obligation to file in the Defendant's court. US law allows a lawsuit to be filed in (1) the plaintiff's home court, (2) the defendant's home court, or (3) the home court of the jurisdiction where the events giving rise to the lawsuit took place. Forum selection clauses ARE NOT BINDING UNLESS SIGNED IN WRITING. Most courts will not honor forum selection clauses between consumers and corporations due to the unfair bargaining power in the relationship. The other primary justification is that the corporation can afford to travel to a city where they willingly do business (i.e., provide goods or services.) CHOICE OF LAW CLAUSES ARE BINDING. That simply means that the the court hearing the case may have to apply the law of a different state.
- ryanwaggoner 18y agoSee where I said "usually"? http://www.scselfservice.org/small/plaint/smallplantfiling.htm http://www.scselfservice.org/small/plaint/smallplantfiling.h...