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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37882
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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A woman promised me $300 in an email if I delivered tickets

Resolved Question:

A woman promised me $300 in an email if I delivered tickets to someone for her. She then has stopped replying and won't return my emails. Can I file a small claim suit?
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, do you know where this person is located? Is she in the same state or city or locale as you are? Did you deliver the tickets for her as promised? Please advise!
Customer: replied 11 months ago.

She is in Michigan. I did deliver the tickets as promised. I had to take them to a hotel, a security guard witnessed me leave them at the front desk, as did the manager.

Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your follow-up, Susannah.

If I may ask, in what state are you located in? Is it Michigan as well, or somewhere else?
Customer: replied 11 months ago.

I'm in Tennessee.

Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up, Susannah.

Legally you can pursue a small claims action against this person by claiming breach of contract. However you would need to do so not in Tennessee where you reside but in Michigan where she is located. The reason is because your agreement never had any 'choice of law', the default jurisdiction would be where the defendant is located. If you can make it to the county where this person is located, you can most definitely pursue the case, but I do not see your local courts allowing you to file. This is why I was asking about your location, because pursuing small claims is possible but in this case it may not be cost effective as you would only be able to sue for the amount owed plus court costs, you would not be able to pursue her for legal fees or your own transportation fees.

Hope that helps.

Customer: replied 11 months ago.

Why am I unable to file in Tennessee?

Expert:  Dimitry K., Esq. replied 11 months ago.

Susannah,

Because your state has no personal jurisdiction over this person. She is not a resident of Tennessee, and the violation arguably did not take place in Tennessee. Furthermore, the default jurisdiction is where the defendant resides, which would be Michigan. And as this violation is not over $90,000, federal courts would likewise not permit you to file suit, since they are the ones where suits between citizens of separate states can also take place (but there is a claim amount threshold that has to be met first).

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37882
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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