Legal Question in Business Law in New York
Sueing for bounced checks
I am the owner of a small company in NY. I need to sue another company in New Jersey for their bounced checks that sum up to the amount of $16,000. I read that I cannot file a lawsuit for more than $3,000 as a corporation without a lawyer. Is it true? Also, can anybody advise me if I should file each bounced check in different location as different lawsuit or all together against one company? (They are chain stores at different locations in NJ all owned by one person.) Thank you.
3 Answers from Attorneys
Re: Sueing for bounced checks
You NEED a lawyer.
Hire a lawyer who practices business law *in New Jersey* to help you out (unless you have a contract that permits you to file a lawsuit against this/these defendant(s) in New York under the contract).
Lawsuits are best filed in the DEFENDANT'S home jurisdiction. While long-arm statutes and certain caselaw allow for jurisdictional games, that's just what you may end up playing, at great and unneeded expense to yourself, if you sue an out-of-state defendant in your home state.
Speak with the lawyer you end up hiring about how to go about filing one or more lawsuits against your defendants.
Good luck.
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Re: Sueing for bounced checks
You should most likely sue in one case -- why increase costs? As for the need to be represented by an attorney: in small claims court it is ok for a company to be represented by an officer. In larger forums attorneys are generally required. Most small claims courts jurisdictions top out at $5,000 so you would be in a higher court.
Re: Sueing for bounced checks
Have you tried contacting the NJ company regarding the bounced checks before you sue them? You might also want to check the companies credit worthiness, to ensure they have assets before suing. eg. Are they still an active company or insolvent? Lastly litigation can be a lengthy and expensive route to reclaim your money and should be pursued as a last resort. I would encourage you to try and setttle this debt with the company out of court first, as it will be the quickest and less stressful way to reclaim your money.
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