Legal Question in Business Law in Indiana

Re: internet Business fruad

I don't really know what you mean by "claim forms." Some businesses and maybe credit-card companies may have forms for dissatisfied clients to make claims. Most claims against businesses, especially where fraud is charged, are made by writing a demand letter and/or filing a lawsuit.

Of course, a demand letter may be directed to whomever may be in a position to decide whether to pay the demand or not, usually a top executive at the alleged debtor's headquarters.

The rules as to where a lawsuit may be filed, and upon whom it must be served, are somewhat complex. The prospective plaintiff must be sure that the proposed court has jurisdiction and that venue is proper.

As a general guideline, you can sue a company in the state where it is incorporated (if it is a corporation) or where it conducts the bulk of its business. You may also be able to sue a business, incorporated or not, in the state where the contract was to be performed, and possibly where it was negotiated. You can sue an individual where he or she resides.

Sometimes, you can sue a business in your state, if conditions (such as the extent to which the business conducts operations in the state) make it reasonable for the business to expect that it might be held to account under the laws of that state, and in its courts.

On the other hand, if a business operates almost exclusively in Indiana, and has little contact with California except that its' Web site can be read by Californians, an occasional order from California customers may not be enough to subject the Indiana business to the jurisdiction of the California courts.

Written contracts somethimes have clauses establishing jurisdiction and venue, but that would be highly unusual in an oral contract.

Jurisdiction has to do with which court can hear the case; venue has to do with which branch of the court -- e.g., the Ventura county branch of the California Superior Court would have venue of matters dealing with Oxnard, but if the parties and witnesses live in Bakersfield, then venue would be in Kings County.