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    acutetrader's Avatar
    acutetrader Posts: 3, Reputation: 1
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    #1

    Feb 10, 2008, 12:21 PM
    Small claim court jurisdiction
    Hi,

    Situation:
    I would like to file a suit against my previous employer (compensation issue). The office and my home is located in CT. However, the company is officially registered at Delaware.

    Problem:
    CT small claim limitation is $3000, Delaware is staggering high $15000 and I want to sue in full $15,000 amount.

    Question:
    Can I sue the company in Delaware small claim court instead of CT small claim court?

    Thanks very much!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 10, 2008, 12:33 PM
    [QUOTE=acutetrader]Hi,

    Situation:
    I would like to file a suit against my previous employer (compensation issue). The office and my home is located in CT. However, the company is officially registered at Delaware.

    Problem:
    CT small claim limitation is $3000, Delaware is staggering high $15000 and I want to sue in full $15,000 amount.

    Question:
    Can I sue the company in Delaware small claim court instead of CT small claim court?



    Interesting question - I can only address NYS but there has to be a direct relationship between the Plaintiff and Defendant. For example, there have been decisions that if you are employed by a NYS office of a national company you must sue in NYS.

    I ran into this some time ago - I think the first question I ever posted was seeking info on jurisdiction over an out of State Defendant corporation in Small Claims Court. I eventually called Small Claims Court (which I could have done in the beginning) and was advised that I had to sue in NYS, had to sue the local office.

    I am AMAZED at the $15,000 small claims court limit!

    I'll be interested in the answer to this -
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 10, 2008, 03:06 PM
    Of course to do business in your state they would either have a physcial office or have a registered agent for legal service.

    If you worked in your state, then the actual activity that is the cause of the law suit occurred within your state. So I believe your state would be where you need to sue.

    On compensation, have you went to the Labor board of your state,
    Also since your employer can use their atttorney to represent them, since they are a business, even in small claims, and you can't use an attorney in small claims, you actually may be better off using an attorney and sueing them in civil court not small claims. ** personal opinoin.
    keithmot's Avatar
    keithmot Posts: 1, Reputation: 1
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    #4

    Jul 18, 2012, 02:30 AM
    Im being taken to small claims court in ct. My question is jurisdiction. I live in Tolland County with a court house 1/2 mile from my house. And the Plaintiff has filed in Hartford County. Can they take m e to court their or can I have it moved to tolland

    Thanks
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jul 18, 2012, 05:05 AM
    Quote Originally Posted by keithmot View Post
    Im being taken to small claims court in ct. My question is jurisdiction. I live in Tolland County with a court house 1/2 mile from my house. And the Plantiff has filed in Hartford County. Can they take m e to court their or can i have it moved to tolland

    Thanks

    Small Claims Court jurisdiction is determined by location of the Defendant - BUT did the transaction occur in another County?

    I have seen that the basis for jurisdiction.

    Ask your Small Claims Court Clerk.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jul 18, 2012, 05:22 AM
    Quote Originally Posted by JudyKayTee View Post
    Small Claims Court jurisdiction is determined by location of the Defendant - BUT did the transaction occur in another County?

    I have seen that the basis for jurisdiction.

    Ask your Small Claims Court Clerk.
    "...The claim must be brought where the party being sued resides or conducts business or where the transaction or injury occurred. ..." Connecticut Small Claims Law - State Laws - Small Claims

    I can't find the actual Connecticut rule or statute at the moment, but that is what you need to do. If this doesn't fit the situation, OP should ask for a change of venue.

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