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I have a small company in New York, and a client in New Jersey

I have a small company...
I have a small company in New York, and a client in New Jersey owes me roughly $80k for materials and I need to take legal action to try to get them to pay me.

This debt is severely limiting my ability to continue to do business, and I am in desperate need of counsel. Before I hire a lawyer I would like to know what I may able to do myself (go to court, what papers to file, etc.), to keep legal costs down. Please advise, as I am desperate. Thank you.

XXXXX XXXXX
New York
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Answered in 8 minutes by:
6/1/2009
Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24,870
Experience: 20 years experience in business law - sole proprietor, partnership, and corporations
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You can certainly file a complaint and serve them such. You can also prepare all discovery requests.

 

But, since it's alot of money your talking about - I would not want to make a mistake and then have the case dismissed with prejudice and then not be able to pursue such further.

 

I would think that you could retain local counsel very reasonably for under a $1,000 to get matters going and potentially even through trial of the matter.

 

Why do you think that you even have to file in New Jersey - do you have a contract?

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Customer reply replied 8 years ago

I thought that perhaps I would have to sue them in New Jersey since that is the state they are incorporated in.

 

 

No, you can also sue him where your business is also. When there is a breach of contract (unless the contract specifically states where jurisdiction will be if there is a dispute - a suit can be brought: 1) where the plaintiff's business is, 2) where the defendant's business is, or 3) where the contract was to be performed.

 

Clearly you can sue him where your business is - in your local court and in your "backyard" so to speak. That means that he has to travel to where you are - not you to where he is.

 

I would call around to friends and family to see if anyone knows an attorney - this could be done very inexpensively and quickly.

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Customer reply replied 8 years ago

Thanks. I'll get on it.

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