Legal Question in Consumer Law in Massachusetts
Being sued in the wrong state
We own a very small mom & pop furniture store in Fl. (we do business and advertise only in florida). A customer who we delivered furniture to in Jan 08 is suing us (we did not know he also has a 2nd home in Massachusetts) in MA small claims court. He is actually suing his credit card co. and named our company as the additional defendant. We cannot afford to close our store & travel there to defend and an attorney there is charging the same amt as the small claim charge. Should we just not respond and then counter sue him in florida or (he signed a contract with us) pay the MA attorney and then sue him in Florida for the Ma attorney fee?
1 Answer from Attorneys
Re: Being sued in the wrong state
If you can find a sample motion form online (or simply use the same format as the complaint that was sent to you)...make a "Motion to dismiss for lack of personal jurisdiction".
Then you can say something to the effect of: We shouldn't be sued in MA because we have no contacts with the state of MA and therefore it does not provide sufficient contacts to subject us to personal jurisdiction in MA.
Then just mail it into small claims court in MA yourself. You should get a reply back from the court letting you know the outcome of your motion.