Legal Question in Business Law in New York
question on law suit from California to New York
I wanted to know if someone or company files a lawsuit in California (small claims or not) for $9,995.00 against my company in NY. Where would the law suit take place??? In California??? If I file a suit against the other party first would the suit take place in NY? Lastly with the suit amount would that fall under small claims?
3 Answers from Attorneys
Re: question on law suit from California to New York
Jurisdiction needs to be established...so in NY unless you did business in CA or other long-arm jurisdiction.
Small claims in NYS is $5000.00
Re: question on law suit from California to New York
Generally where a case is filed is where the suit will be heard. For further information on amounts check the website for the small claims court, in Ny you can find the info from nycourts.gov
please feel free to contact my office for further assistance on this matter. 2127098303
Re: question on law suit from California to New York
Generally, lawsuits are heard in the court that the plaintiff chooses - assuming one thing, which is that the court has a way to have control over your company - what lawyers call jurisdiction.
Small claims courts - at least in New York - can not hear cases with damages above $3500.00, and generally do not have jurisdiction over defendants not resident in or having a business location in their area.
If your company is sued, you will not be able to represent your company. The law requires that corporate defendants be represented by licensed attorneys.
If you are sued and need representation, or if you want to get in touch with someone to discuss your issues, please feel free to contact me either via e-mail or at 9148619119.
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