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Im sorry- one more follow up to my question from 11/10/2013

Resolved Question:

I'm sorry- one more follow up to my question from 11/10/2013 regarding venue for small claims court related to my move from Florida to Illinois with MoveBuilder/ABF out of Arkansas.

I fully expect the company will argue for dismissal due to improper venue. From my understanding, they will file this with the court and the judge will then decided to dismiss or not.

What I am concerned about is without laying out the evidence and rationale we talked about (these companies connections, places of business in all states, facilities in Illinois, sufficient minimal contact, etc), the judge will just dismiss the case per the defendant's request.

If this scenario is in fact true, would it a) be possible to appeal the judge's ruling and present my venue argument if I don't put it in the complaint or b) should I explain the venue argument in my initial claim, even though there isn't much room for explanation of the case and from what I've read, you don't want to use your full legal arguments in the claim anyway. If this is the best option, I would just explain my argument for the venue portion only and hold on to arguments in other areas for court.

I just want to make sure the case won't be dismissed for venue without me explaining my side (which I very much appreciate you helping with).

Thanks!
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Law Pro replied 8 months ago.
Hi!

I think the judge will decide there is sufficient minimal contacts.

Because,

1) they are a moving company and move you to where you live.

2) that they clearly should have known that they might have to defend a civil action where they move somebody to - it's the profession they're in

3) that it would be a huge burden for you to have to go back to FL or to their primary place of business to pursue the matter

4) that if they would elect to argue the court doesn't have jurisdiction - they should have put that in the contract so that a customer would know whether or not they would want to use them or not.


I think the law and arguments are entirely against the moving company and you can sue them in your local small claims court.

Law Pro, Lawyer
Satisfied Customers: 23570
Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction
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