Legal Question in Business Law in Utah
Small claims venue for an out of state defendent
The toll free 800 number telephone carrier for my business resides in Salt Lake City, Utah. Through no fault of my own (all bills were paid)they disconnected my 800 line for 18 days. I called repeatedly to inform them something was wrong, but they kept assuring me everything was OK. They finally realized that there was a problem and restored the service. I lost about $2000 in business due to the number being down. They are refusing to compensate me anything for the lost business. I want to sue them in small claims court but don't want to travel to Utah to file it. One of the descriptions on "Venue" indicates that you can sue in small claims where the contract is to be carried out, which would be my place of business. Is it OK for me to sue in small claims court in California because this is where the contract is to be carried out? Your help would be most appreciated.
2 Answers from Attorneys
Re: Small claims venue
You can try but it has been my experience that the small claims clerks in CA reject filings with out of state defendants.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Re: Small claims
If your small claims is rejected due to an out-of
state defendant I suggest filing in Municipal court
It will cost you around $80 depending on the county.
The advantage is that since the contract was to be
performed in california and your place of business
is in California you would have no problems.
It sounds like the company dropped the ball. The
major problem you have is proving that the number
did not work and proving your damages i.e. lost
clients.
You might trying having a lawyer write a few nasty letters
to the company. I have done these for other client's
and it usually works to get a few hundred dollars back.
If you would like to talk to me regarding sending
a letter to the company I would be happy to discuss
this matter. Sometimes it only takes a threat of
a lawsuit on Letterhead to get something done.
John Hayes
The John Hayes Law Offices
P.O. Box 3003
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