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  • Apr 1, 2014, 11:05 AM
    pastor1189
    Small Claims Court
    If a party owes money lives in another state, can you use your local
    Small Claims court to collect?

    Florida vs Colorado ?
  • Apr 1, 2014, 11:21 AM
    AK lawyer
    Yes, Assuming one of the venue conditions listed in the rule quoted below applies"

    1. "Florida Small Claims Rules
    2. Rule 7.060. Process and Venue
    3. (a) Summons Required. A summons entitled Notice to Appear stating the time and place of hearing shall be served on the defendant. The summons or notice to appear shall inform the defendant, in a separate paragraph containing bold type, of the defendant's right of venue. This paragraph on venue shall read:

    4. Right to Venue. The law gives the person or company who has sued you the right to file suit in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant, have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following:
    5. 1. Where the contract was entered into.
    6. 2. If the suit is on an unsecured promissory note, where the note is signed or where the maker resides.
    7. 3. If the suit is to recover property or to foreclose a lien, where the property is located.
    8. 4. Where the event giving rise to the suit occurred.
    9. 5. Where any one or more of the defendants sued reside.
    10. 6. Any location agreed to in a contract.
    11. 7. In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.

    12. If you, as a defendant, believe the plaintiff has not sued in one of these correct places, you must appear on your court date and orally request a transfer or you must file a written request for transfer in affidavit form (sworn to under oath) with the court 7 days prior to your first court date and send a copy to the plaintiff or plaintiff's attorney, if any. ..."
  • Apr 1, 2014, 11:48 AM
    pastor1189
    Thank you. Seems Direct TV send a letter agreeing to a refund on a satellite receiver that was owned by a customer.
    The refund was to take place in 30 days, that was in January 2014. But Directv has failed on this obligation. And the refund is still outstanding.
  • Apr 1, 2014, 11:56 AM
    AK lawyer
    Note this language in the statute I quoted above:
    "Any location agreed to in a contract."

    Review the contract with Direct TV. It may very well have a forum-selection clause which could in effect have your suit dismissed (with leave to re-file in Colorado).

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