Legal Question in Consumer Law in Texas
Small Claims Court Location
We run a small motorcycle painting business in Texas. A customer in New Hampshire is threatening small claims court. Where would the case have to be filed, in Texas or New Hampshire? I've read in several states that it must take place in the jurisdiction of the defendent (which would be us).
1 Answer from Attorneys
Re: Small Claims Court Location
Venue where the defendant is resident is a fair rule of thumb, but not ironclad. If you solicited business out of New Hampshire, or had sufficient contact with the state to warrant using their courts for your business, then venue may be proper there. The touchstones are "minimal contacts" and "fairness".
If you are sued there, and properly served here, the absolute first thing you must file is a plea to the jurisdiction, arguing that there are insufficient contacts between your business and the state to support venue.
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