Chuck wrote:
Can I file the small claims case in my county or
do I have to file the case in the county where he lives?
Is he a sole proprietor, or a corporation? If he operated
as a corporation, in which state was his business
incorporated? I'll assume he incorporated inside Pennsylvania,
the state in which he resides.
Jurisdiction will attach on him or his corporation from a
New Jersey court when you achieve service of your complaint,
either on him personally, or his corporation's statutory
agent. You should aver in your complaint that he conducted
business in New Jersey.
Question then becomes which county is the proper venue. If
he conducted any of his business in your county, then venue
is the small claims court of the municipality where he conducted
his business.
Doesn't sound like your employer has the money to hire an
attorney on a small claims action in New Jersey. If he's a
non-lawyer, chances are he won't challenge jurisdiction or
venue, if he appears. If he doesn't appear, you'll get a
default judgment, assuming service of the complain was achieved
on him or his corporation's statutory agent.
The down side is if you obtain a judgment against him, will
you be able to collect? If he has no bank accounts with
banks operating in New Jersey, or otherwise owns no property
in New Jersey, collecting with a foreign (NJ) judgment inside
Pennsylvania will involve a tad more work, but it won't be
impossible.
If you know he owns property or a bank account in Pennsylvania,
and it's not too far of a drive for you to file in his county
of residence in Pennsylvania, the better course is to commence
your small claims action there. Having done his incorporation in PA
or owning a residence in a PA county is a good bet for proper venue.
Most state governments frown on employers who owe unpaid wages. You
may wish to contact NJ's Attorney General's office to see if there's
some remedy available to you through your state government.
Did his business file for bankruptcy? If so, file a claim
for your wages with the bankruptcy court, if it's not too late.
Let us know how it turns out.
other hand, your claim will be stronger if you have some record
of his orders for your work.
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