Legal Question in Business Law in Illinois

small claims court help question please oh please help.

Hello~ I live in Illinois and I had a business from ohio (i delt 4 months via email with the owner of a motorcycle shop and phone conversations before I made my decision) Anyways, I had the owner from this company drive down to my state/home and pick up my motorcyle/sign papers/talk about work being done THEN he dropped it off back in my state when he finished the job (so basically the whole transaction took place at my house in my state) my question is this please- I have to take this person to small claims court becasue of some shady tactics he used (i paid for parts/never got them installed ect.ect.ect.) and I dont know which state do I have to file this claim...In my state (will county court house) or his state of ohio where his business is...Now I never once went to ohio- The whole ordeal took pplace in illinois at my casa...please oh please help. I need to do this ASAP but dont know which state to choose (i dont want to choose the wrong state and waste time and money) can you help me?

--name removed--


Asked on 11/02/06, 11:52 pm

1 Answer from Attorneys
David K. Staub Staub Anderson LLC

Re: small claims court help question please oh please help.

If all your dealings with the Ohio business were in Illinois, it sounds like the Ohio business had enough contact with this state for Illinois courts to exercise jurisdiction over the business. However, even if the Illinois court has jurisdiction, it may dismiss the case based on interstate forum non conveniens if it believes that Ohio is a better forum for trying the case. Forum non conveniens is an equitable doctrine that "is based on considerations of fundamental fairness and sensible and effective judicial administration." No one can guarantee that your case will stay here in Illinois.

Note that even if you get an Illinois judgment, you still have to enforce the judgment. It sounds like the business probably has no Illinois assets to go after. If the business does not voluntarily pay the judgment, you will probably be forced to turn to the Ohio judiciary system to collect your judgment.

David K. Staub, an Illinois business and tax lawyer

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Answered on 11/03/06, 1:24 am


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