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Can I file a claim in PA Small Claims court for a company…

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Can I file a...

Can I file a claim in PA Small Claims court for a company that is located in PA even though I live in NH? This was a ambulance service that transferred our son from a Trauma Center outside of Pgh to NH inpatient Rehab Hospital?

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

We live in NH.

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

The company is based in Northern Cambria, PA

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

The company sent me an email "apologizing" -- I responded listed facts of the case. They haven't responded in >1-week. I want to file a case in PA Small Claims and I also want to contact the PA attorney general to report possible fraud.

Submitted: 24 days ago.Category: Legal
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Answered in 39 minutes by:
3/27/2018
Lawyer: Attorney Wendy, Lawyer replied 24 days ago
Attorney Wendy
Category: Legal
Satisfied Customers: 486
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. Where to file a lawsuit depends on two considerations that are related to the jurisdiction of the court: (1) subject matter jurisdiction, meaning the court must be the one that hears the type of claim - so small claims court in Pennsylvania would be appropriate for any civil claim where you are seeking $12,000 or less in damages; note that in Pennsylvania this court is called the Magisterial District Court; and (2) personal jurisdiction - which means the court actually has the authority over the defendant to issue a judgment against that person or entity. So, with the entity's being based on Pennsylvania, Pennsylvania should certainly have jurisdiction. New Hampshire may also have jurisdiction since the incident happened there and clearly the ambulance service operates there; but, if Pennsylvania is where the company is based, you would be pretty sure no jurisdictional issue could be raised. I am attaching a link that provides a lot of useful information about the Pennsylvania Magisterial District Court that I hope is helpful, as you will also want to file in the best county - the county in which Northern Cambria is located would be a good start. This would likely make it easier to collect on any judgment against the company also, since where they are based is commonly where they also have the most assets.

http://www.pabar.org/clips/bringingsuitBeforeDJ.pdf

I hope this is helpful and I am sorry you are dealing with this situation. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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