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I have a question about small claims court. I own a retail…

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I have a question about small claims court. I own a retail clothing business and we did business with a personal shopper in massachusetts. He agreed to purchase 3 suits from us for his clients after we sent him some try on suits. He kept the three he agreed to buy and mailed back the other suits. It has been months since the invoice was due and no payment or communication from him

Lawyer's Assistant: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?

Our business in located in Pennsylvania. The suits were mailed to Massachusetts. We have not officially filed anything yet. The client has one day left to pay his invoice

Lawyer's Assistant: Has anything been filed or reported?

We notified the client that if his invoice is not paid by end of business tomorrow that legal action will begin to collect the amount owed. Other than that nothing has been filed.

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Answered in 2 minutes by:
3/13/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,312
Experience: 30 years experience representing clients.
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Customer reply replied 1 month ago
First would be is this something that could be settled in small claims court? The amount is about $2300. If so would we file in our locality or the clients?

You would need to file where the defendant is, so the court would have personal jurisdiction.

The limit to file in PA is $12,000.

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Customer reply replied 1 month ago
Even if it was a business transaction with us in PA and then sent FedEx to the defendant in Mass?

Sorry. Had that backwards. You need to file where the defendant is located. If it is MA, then that is where to file and the limit in MA small claims is $7000.

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This is, of course, presuming there is not a written agreement specifying PA as the choice of forum.

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Customer reply replied 1 month ago
Hi yes I am. The only agreement was through email that we would send him suits to have his clients try on and choose. We agreed that whatever suits his clients wanted he would pay for and FedEx back the rest.

Thank you for the additional information.

Yes, since this is an isolated transaction, it is not likely the long arm statute would impose personal jurisdiction over the defendant in PA. So, MA would be the place to file.

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Loren
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Category: Legal
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Experience: 30 years experience representing clients.
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