[teacuppoos4u]

If I do business home business in one state Arkansas and had a lady purchase something and now is not happy and she did not abide by website rules and now is threatening and harassing me and said she is going to file small claims court againest me in Florida where do I stand what position does that put me in I am not going to Florida and I have serious heart condition and other medical conditions that are serious so if I don't go to court what will happen to me
Well supposedly she consulted a law firm and they said since she paid from Florida she can make me go to court in there. But I was told since my business if you call it that then she has to sue me in the state my business in in. That I do business in all states. My website states any legal concerns must be taken up in benton county Arkansas and she didn't even sign the contract and send it back and it states if not then there is no guarantee . But yet she has filed supposedly in Florida in small claims court... What if I refuse the papers when sent? Can I refuse the papers? Should I refuse them? They will come by mail for me to sign for? She is also going to forums using fake names and posting bad things about me the one site told me isp and where it came from.

[JudyKayTee]

If i do business home business in one state arkansas and had a lady purchase something and now is not happy and she did not abide by website rules and now is threatening and harassing me and said she is going to file small claims court againest me in florida where do i stand what position does that put me in i am not going to florida and i have serious heart condition and other medical conditions that are serious so if i dont go to court what will happen to me
Well supposedly she consulted a law firm and they said since she paid from Florida she can make me go to court in there. But i was told since my business if you call it that then she has to sue me in the state my business in in. That i do business in all states. My website states any legal concerns must be taken up in benton county arkansas and she didnt even sign the contract and send it back and it states if not then there is no guarentee . But yet she has filed supposedly in florida in small claims court ... What if I refuse the papers when sent? Can I refuse the papers? Should I refuse them? They will come by mail for me to sign for? She is also going to forums using fake names and posting bad things about me the one site told me isp and where it came from.

Small Claims Court jurisdiction is based on the address of the Defendant - in your case, Arkansas. Are you certain that she's talking about Small Claims Court and not a superior Court? People cannot waive their rights and if they have a right to sue you in THEIR State, arguing that you do business there, no waiver that you post changes that.

If you receive papers and don't respond there is always the possibility that she will file in the wrong Court and get a Judgment against you. I don't know how this happens but if the Court just sort of "rubber stamps" these things no one may notice.

NEVER refuse service - if you don't accept them by mail, then you will be pesonally served.

Can you prove that this person is posting "bad things" about you? The info would have to be both untrue and harmful to you.

Here's the law: "Briefly - Generally in law libel refers to permanent/written statements and slander refers to non-permanent/spoken statements. Defamation (of character) covers both categories.

You must be damaged - and prove damages - in order to recover. The statements (either written or spoken) must be false but presented as though they were true and be beyond offensive, derogatory or insulting. Such statement must rise to a level which actually harms a person’s reputation. In general the person making the statement must either know it isn’t true or make the statement without attempting to verify if it is true.

The defense to defamation is that the information was not presented as the truth (which covers gossip), that the information was never secret (privileged) and was always public."

[Fr_Chuck]

You will have to file with the court after you are served that this is not the proper court and it needs to be filed in your area. If you had this posted on your site, it should be OK,

[teacuppoos4u]

This is what my website states

ATTENTION: If any legal action is deemed necessary, it must be taken up in Bentonville, Benton County, Arkansas only.

[JudyKayTee]

This is what my website states

ATTENTION: If any legal action is deemed necessary, it must be taken up in Bentonville, Benton County, Arkansas only.

You cannot force someone to waive their legal right to sue you in another jurisdiction - if the circumstances are such that you can be sued in another jurisdiction, the buyer does not have to waive that right.

This is the same as posting a notice in your car that if anyone is injured they promise not to sue you. You could even get it in writing. They cannot legally waive their rights.

If you are doing business all over the country this is a chance you are taking.

And, again, I don't know the problems with this sale or the dollar amount.

And, yes, you would file an appearance and your answer would be to quote your website and the law - and the Judge will either dismiss the case or not.