Legal Question in Civil Litigation in Ohio

small claims court question

in march i moved from ohio to california. before i moved i had a friend help

me sell my car; i signed over power of attorney for her to arrange for it's sale.

we mutually agreed to sell it to a friend, who agreed (via email, and through

verbal agreement) to pay me $200.

he has never paid me. i have saved all records of this transaction. the sale

occured in ohio, and the car is still there. i still have contact with the ''buyer'',

but he does not return any of my messages, i found out later that he also

never paid for his previous car, also bought from a friend.

if i were to file in ''small claims'' court, should i do it in ohio where the car is

titled or in california where i currently live? what if the seller-by-power-of-

attorney wrote a different amount on the title for the ''sale price''? would this

affect my claim? is this out of my hands completely? should me and the other

seller that he didn't pay file a claim together? (she is also in ohio)

(i checked the information on this site, and i could not find an answer there)

thank-you!


Asked on 8/19/05, 4:03 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: small claims court question

You must file this case in Ohio. California had nothing to do with the transaction, and its courts have no jurisdiction to decide the case. Plaintiffs who move to a different state do not bring jurisdiction over their existing claims with them.

The amount you should seek is the amount you and your "friend" agreed on, unless the friend with power of attorney modified the agreement. It sounds like you can document the actual agreed price, so this shouldn't be a major problem.

In many states, the plaintiff must be present in court when his small claims case is heard. If Ohio law works this way, then you will have to go to Ohio if you want to pursue your claim. The trip will surely cost more than $200, so you probabky should rethink your plans. Keep in mind that if you win your friend can appeal the judgment and you may have to make another trip back to defend your victory.

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Answered on 8/19/05, 4:26 am


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