Legal Question in Credit and Debt Law in New York

Small Claims Court - Which State to file?

My small, New York State home-based company links inventors with foreign sources for offshore manufacturing and importing consulting services. A client in Florida signed a (rate agreement) contract with me. I provided his service for a few months and we mutually agreed to stop working on the project. He said, by phone, ''just send me the bill for services up to today,'' which I did. He owes me a total of $600 for consulting services, and Fedex charges (2 separate invoices.) He is ignoring my requests for payment. I am thinking of taking him to small claims court but do not know if it has to be in NYS (where my business is run) or in Florida, where my client resides. If in Florida, it would cost me more than what he owes me ($600) to travel there for small claims court. Can I file a claim without appearing, or can I do it in NY? Any advise would be GREATLY appreciated. Thanks! [email protected]


Asked on 7/30/03, 3:54 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Small Claims Court - Which State to file?

This is an easy question. You need a court with low filing fees and what we call 'long-arm' jurisdiction. Give me a call and we can work it out in 20 minutes for no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 7/30/03, 9:32 pm
David Slater David P. Slater, Esq.

Re: Small Claims Court - Which State to file?

You must sue him in the county where he resides in Florida. Your appearance will be necessary.

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Answered on 7/30/03, 4:44 pm


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