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Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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I am a designer in Carefree, AZ. and contracted a company in

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I am a designer in Carefree, AZ. and contracted a company in Inglewood, CA for a sofa. Upon receipt the sofa was damaged and returned. The piece was underinsured by the California company, and not prepared properly for shipping. I will be filing a small claim may I do this in Arizona which is where the order was placed and paid for.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Tina replied 10 months ago.

Hello and welcome.

I am sorry to hear of your difficult situation.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Expert:  Tina replied 10 months ago.

Hello again, Jan.

When suing a corporation, a court typically has jurisdiction over the corporation if it does business in the state. Since they apparently do business in the state of AZ as evidenced by their contract with you, jurisdiction would normally be appropriate in either AZ or CA where they are headquartered.

Here is a link which summarizes the law with regard to personal jurisdiction over a party:

http://www.nolo.com/legal-encyclopedia/personal-jurisdiction-where-sue-defendant-29560.html

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 10 months ago.

This is a very ambiguous answer with the "apparently" and the "normally". I just need something to clarify this situation clearly before we spend anymore time and money. Can we file in Arizona.


Thank-you

Expert:  Tina replied 10 months ago.
Hello again, Jan.

I don't mean to be ambiguous, but there are volumes of case opinions written on this subject, I don't know all the facts of your case, and it is impossible to know precisely how a particular court will rule on the issue.

Given this, I cannot speak in absolutes and neither can any other attorney who has not had the opportunity to review the agreement and consult with you (as the contract could also contain a provision setting out where jurisdiction is proper). However, since the company apparently does business in AZ, an AZ court would normally have personal jurisdiction over them since the case involves a transaction in which they did business in the state.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 10 months ago.

thank-you, the only contract is a purchase order issued in the state of Arizona and the check was issued in the state of Arizona. The defendant "shipped" from California to Arizona. I feel I really didn't receive the answer I was seeking.

Expert:  Tina replied 10 months ago.

I'm sorry you feel that way, Jan. I am going to opt out of your question and open this up for other professionals to get their opinion. You do not have to stay online for the question to be active, or rate this question yet as it would then discourage others from answering. Should a professional pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying a response from someone else.

My apologies for any inconvenience and Good Luck.

Expert:  Law Pro replied 10 months ago.
Hi. New expert here. Allow me to assist.

Regretfully, the previous expert is correct - there is alot to "jurisdictional" issues (who can you sue and where to sue them).

How did you order this sofa - online or what. Sometimes a company places in their terms of service and on their ordering forms - that jurisdiction is some place in particular (ie. where they are located). As such, one must look at how they ordered the product and if the company had a jurisdictional limitation in their ordering form or online.

When it comes to suing a business in small claims court, you may sue any business that is organized (incorporated or established as an LLC) in your state.

In addition, you may bring suit against any business–whether incorporated or not–if one of the following conditions is true:

  • the business was responsible for injuring you or damaging your property in your state and you can find a way to serve your court papers on the business in your state
  • the business breaches a contract with you that was negotiated or was to be performed in your state and you can find a way to serve your court papers on the business in your state
  • the business has an office, warehouse, retail establishment, restaurant, or other physical facility here, even if that business is headquartered or organized elsewhere, or
  • the business does regular business in your state by selling products or services, employing a sales rep who calls on you personally or by phone to solicit business, sending you a catalog to solicit your business, or placing advertising in your state's media. [nolo.com]

I would state that most likely, unless there is something as to jurisdiction in their order form OR on their website "terms of service" - that you can sue them locally in AZ where you reside in small claims court.

 

 

 

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If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

I wish you the best in the future.

 

 





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Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction
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