Legal Question in Business Law in Massachusetts
Suing a client in Massachusetts
I am a freelance writer who lives in Minnesota, and I have a client in Massachusetts who owes me almost $5000. If I decide to sue my client, what do I have to do? I know I can't sue for small claims, since this amunt is over $2000.
6 Answers from Attorneys
Re: Suing a client in Massachusetts
You should look at your own state's long arm statute to see if you can file action in Minn.
Re: Suing a client in Massachusetts
You will probably want to retain the services of an attorney.
For a dispute over the sum of $5,000.00, you will want to file in the District Court Department.
Assuming that the client is here in Massachusetts, you should be able to file suit here. It might be wise to attempt to send a demand letter prior to filing suit to see if the dispute can be resolved.
If this office can be of any assistance in bringing suit on your behalf here in Massachusetts, do not hesitate to contact me.
Re: Suing a client in Massachusetts
Was there a written contract?
If so,a provision for venue or juris. Might cover the issue.
Also, you may be able to sue in Minnesota under Long Arm Statute.
Call or email for help.
Re: Suing a client in Massachusetts
As a general matter, you must commence an action against the defendant in its jurisdiction (that is, in Mass.), unless the Defendant has sufficient contacts with Minnesota to permit an action to be commenced here. Regardless of where you can sue, you should probably think about how you are going to collect, and where the Defendant's assets are most likely located.
Re: Suing a client in Massachusetts
Unless there is a written contract that defines what jurisdiction must be used to enforce it, you should most likely retain a Massachusetts attorney to file a civil suit here. Good Luck!
Re: Suing a client in Massachusetts
You would need to retain a licensed attorney within Massachusetts to bring an action upon the agreement.
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