My brother gave two guns to bring to missouri and sell for him. He is now sueing me in ohio for not paying him for the guns. The sale and refusal to pay him took place in missouri not ohio. Which state has jurisdiction/ Ohio or missouri?
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.Where do you live? Why have you not paid him?
Iive in missouri. A dispute over the amount.
If you live in Missouri, then Missouri would have jurisdiction. While he can get a judgment against you in Ohio, he would have to domesticate it in Missouri to try to collect from you. When he tries to do that, you can file to have it vacated for lack of jurisdiction. I don't know how much money is in dispute, but since this is your brother, why don't you try to settle. Maybe you can get a local dealer to give you a written estimate of the value and then offer to settle for that amount.
The guns were sold for market value $1250.00. he is sueing me for $3000.00 for each gun. Max in Small Claims.
You can answer the suit in Ohio and go defend or you can wait to see if he tries to domesticate in Missouri or you can file a special appearance in Ohio asking for a dismissal for lack of jurisdiction. Very few guns are worth 3K.
Actively practicing trial attorney
my thoughts for sure. I will take your advise and start filing motions.
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