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I am bringing a civil suit againt a person who refuses to…

I am bringing a...

I am bringing a civil suit againt a person who refuses to return property which is mine. The property is approx $2000 in value. Am in the process of filling our forms and need advice on how to categorize this particular suit.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in AZ but my permanent residence is IL.

Lawyer's Assistant: What steps have you taken so far?

I have tried unsuccessfully to reach the person who has the property of mine. I have obtained forms from the AZ Superior Court in Maricopa County.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was told to file in AZ because I purchased the items while in AZ but online. I will, however , be back in IL in one month.

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Answered in 4 minutes by:
3/25/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,986
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It is called a complaint or petition for "replevin" which is the common law tort to return the property of another. It has to go to Superior Court, because small claims does not have the jurisdiction over replevin. If the property is in AZ, you need to file in AZ, not in IL. you need to file in the place the property is located.

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Customer reply replied 3 months ago
The person holding my merchandise is in GA even though it was purchased while I am here in AZ.
So I will have to write I'm "replevin" as it is not one of the choices under "Nature of Action" on the form.

Thank you for your reply.

Okay, so Arizona court would not be the proper jurisdiction either, because the property is in GA and you need to get the GA court to have jurisdiction over the party that has the property. If you file in AZ, the defendant will claim the AZ Court has no jurisdiction over the defendant.

So, in order to get a judgment on the defendant in GA who has the property in GA, you have to sue in the GA superior court, because that is where the defendant is located and that is called "personal jurisdiction."

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Customer reply replied 3 months ago
Can I file in GA without being there? If so, where do I start?

Thank you for your reply.

Unfortunately, you would have to go to GA to file, but the reasonable costs of travel to sue would be part of your damages. Your alternative is first filing a complaint with the GA Attorney General if the defendant is a business. If not, then you would need to sue and you could use a local attorney to do so in GA instead of going there on your own.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,986
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
ok Thanks.

Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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