How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris T., JD Your Own Question

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3913
Experience:  Experienced in both state and federal court.
45002201
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

We are taking a business to small claims for delivering and

Resolved Question:

We are taking a business to small claims for delivering and charging us for products we never ordered (~2000K). We live in Delaware County OH. This was for a partial kitchen remodel in our home. All interactions took place in our home and everything was delivered to our home. The business is located in Franklin county.
Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Chris T., JD :

Good morning. I'll be assisting you with your question.

Chris T., JD :

Are they asking for a change of venue, or are they asking for a dismissal because the court lacks jurisdiction?

Customer:

change of venue, stating business is in Frankin county. Stating the Delaware Municipal court does not have jurisdiction over this matter.

Chris T., JD :

Where was the contract signed?

Customer:

my home in Delaware County

Customer:

and we did send a fax to the magistrate requesting that the motion be denied.

Chris T., JD :

OK. In Ohio, you must file the lawsuit: a) in the county where the defendant lives; or 2) in the county where the dispute occurred. Here, your best argument to defeat their motion to change venue is that the dispute occurred in your home county, the contract was signed there, the work took place there, and most of the witnesses and evidence is located in your county.

Customer:

so its really up to the magistrate or judge to decide correct?

Chris T., JD :

Yes. Since some of the acts related to this dispute took place in your county, there is evidence on both sides. That said, this seems fairly clear that you were within your right to file in your county. This seems more like a delay tactic than an argument with real merit. Even still, you should respond to it as if it were.

Customer:

I couldn't agree more!! That was my first thought. this is what we sent: (in a nutshell to the magistrate):

Customer:

Attn: Judge Magistrate


Today November 3,2013 we received a motion to change venue from the defendants , Counter Top Sales LLC, attorney.


We were instructed to file this particular claim in Delaware County as that is where we reside, where the agreement was entered into and where the cabinets were delivered.


Thank you for your consideration in this matter.

Chris T., JD :

If this were a case I was litigating for a client, I would find some case law on point and provide that to the judge, as well.

Customer:

Of course, his atty. did citing a case from 1977 a hospital v. supplier. I have nothing.

Chris T., JD :

That is a really old case. Usually, if someone is citing a 35 year old case, that is because there isn't any recent law to support their position.

Chris T., JD :

Do you have any questions?

Customer:

No worries, the job started in February and all we asked was for a refund (in store credit) on things we never ordered, he never would get back to us. His sales person also ordered the wrong cabinets and was fired for this. we tried working with him so that we could finish the job. I am sure he wanted to file a counter claim (but didnt do so fast enough) on the remaining job that never was completed (because we didn't have countertops to install grantie on) even thought i attempted to call for weeks to have them finish. Despite this, nobody would call me back My point is that we have been patient for this long, if we need to refile in a different county, we will. Jerk.

Customer:

I appreciate this thanks!

Chris T., JD :

I wouldn't refile until the judge tells you that you have to. If that happens, you really aren't out anything, other than the inconvenience of having to refile and travel to another county.

Customer:

thanks, XXXXX XXXXX we thought.

Customer:

Have a great day!

Chris T., JD :

You too!

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3913
Experience: Experienced in both state and federal court.
Chris T., JD and 12 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Chris T., JD
Chris T., JD
Lawyer
1863 Satisfied Customers
Experienced in both state and federal court.