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mrstedplank
Sep 1, 2009, 03:19 PM
Howdy!

I've never been in the position where I felt I was going to have to file a small claim against anyone, let alone someone in a different state.
I have a client who is giving me the impression that they have no intention of paying me for my services.
I have been told the check is on it's way since I overnighted it (at the client's request) August 3rd.
At first, the responses to my emails and phone calls were pretty consistent, but at this point, they've tapered off completely.

I have two or three emails and one or two texts stating that the check is on it's way.
I also have my original email I sent to them to confirm the details on their design and a rough estimate of cost.

At the time of our first meeting, I received $100.00 as a deposit. As the transaction ensued ( and it did take months longer than originally anticipated) there was constant communication and offers to pay towards the balance, which I declined because it sucks to finish up a project and be paid a balance of $50.00.
I prefer to get as much at once as I can, unless the client has no other way to do it.
These were not that kind of people, or so I thought.

So now, they have their custom item, and I have no pay, no return calls, ignored emails, and texts to nowhere.
My problem is that they're in Seattle, Washington and I'm in Los Angeles, California.

I want to hold out for another 2 weeks, which will make it 6 weeks in total at that time.
I just want to know, do I file a claim in Los Angeles, or Seattle?
They did approach me and we had our original meeting in LA, all other meetings were done in Seattle.

Thanks so much!
Sue

JudyKayTee
Sep 1, 2009, 03:22 PM
Small Claims jurisdiction is the residence/place of business of the Defendant.

mrstedplank
Sep 1, 2009, 03:24 PM
So, obviously, that means I have to file out of state and trek to Seattle for court.
Now, my second question...
Can I also sue for time and cost of my travel?

JudyKayTee
Sep 1, 2009, 03:45 PM
No. It's the cost of doing business with someone out of State.

I have a similar problem - I'm in NY, person who owes me is in Delaware. I would have to fly there once, file the papers, come back, go back for Court, fly back.

I'm weighing whether it's worth it.