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Hi everyone;
I have tried to research this 'jurisdictional' issue but to no avail.
Here goes:
I am attempting to recover a sum of money (less than $2,000)from an
international company whose headquarters is in Arizona. I intend to
sue in small claims court.
My complaint involves 1) The franchised location that I physically
procured these goods from, 2) The 'Regional Office' for that
geographic location, and 3) The corporate offices itself.
I am located in western NY. The franchised location is in centeral
NY, and the regional office is in eastern NY. All 3 of these
locations (corporate, regional and local) are jointly (but not
equally) responsible for loses that I sustained and as such, I need to
make sure that I file accordingly. I anticipate that the different
locales will point the finger at one another and claim that they are
not liable for what the other does.
My questions are:
1) Should I file 3 separate claims or just one against the home office
in Arizona?
2) Is it possible to file a small claims court claim without having to
do so in person?
3) Are compensatory damages award-able in small claims court? I would
like to be compensated for non-monetary losses I sustained as well as
reimbursement for expenses incurred in suing them.
4) What about punitive damages? (I don't think so, but thought I'd ask
anyway!)
Thanks for your time and I look forward to your responses!
kory
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On 6 Oct 2004 16:57:16 -0700, girlandgolden@hotmail.com (kjr) wrote:
I am attempting to recover a sum of money (less than $2,000)from an
international company whose headquarters is in Arizona. I intend to
sue in small claims court.
My complaint involves 1) The franchised location that I physically
procured these goods from, 2) The 'Regional Office' for that
geographic location, and 3) The corporate offices itself.
I am located in western NY. The franchised location is in centeral
NY, and the regional office is in eastern NY. All 3 of these
locations (corporate, regional and local) are jointly (but not
equally) responsible for loses that I sustained and as such, I need to
make sure that I file accordingly. I anticipate that the different
locales will point the finger at one another and claim that they are
not liable for what the other does.
My questions are:
1) Should I file 3 separate claims or just one against the home office
in Arizona?
Your question is complicated. Even though you've tried to set forth
everything clearly, there are, of course, still facts missing that
might be relevant to an answer. Additionally, I don't know NY or
Arizona law.
That said, given the amount of money involved, I would try to keep it
simple. It's unlikely you have more than one claim. If you believe
you can recover it from the franchised location, sue just it. Without
knowing the legal relationships between the three entities, it's
impossible to tell you more.
2) Is it possible to file a small claims court claim without having to
do so in person?
I'm not sure what you mean, but, generally, you can file a complaint
in court without physically going to the courthouse. What's the point
of your question?
3) Are compensatory damages award-able in small claims court? I would
like to be compensated for non-monetary losses I sustained as well as
reimbursement for expenses incurred in suing them.
It's unlikely you can recover what you call non-monetary losses. You
should be able to recover court costs if you prevail.
4) What about punitive damages? (I don't think so, but thought I'd ask
anyway!)
Not normally in small claims.
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
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On 6 Oct 2004 16:57:16 -0700, girlandgolden@hotmail.com (kjr) wrote:
Hi everyone;
I have tried to research this 'jurisdictional' issue but to no avail.
Here goes:
I am attempting to recover a sum of money (less than $2,000)from an
international company whose headquarters is in Arizona. I intend to
sue in small claims court.
My complaint involves 1) The franchised location that I physically
procured these goods from, 2) The 'Regional Office' for that
geographic location, and 3) The corporate offices itself.
I am located in western NY. The franchised location is in centeral
NY, and the regional office is in eastern NY. All 3 of these
locations (corporate, regional and local) are jointly (but not
equally) responsible for loses that I sustained and as such, I need to
make sure that I file accordingly. I anticipate that the different
locales will point the finger at one another and claim that they are
not liable for what the other does.
The Uniform Justice Court Act defines a "small claim" as:
1801. Small claims defined
The term "small claim" or "small claims" as used in this act shall
mean and include any cause of action for money only not in excess of
[fig 1] three thousand dollars exclusive of interest and costs,
provided that the defendant either resides, or has an office for the
transaction of business or a regular employment, within the
municipality where the court is located. However, where a judge of the
county court, pursuant to subdivision (g) of section three hundred
twenty-five of the civil practice law and rules, transfers a small
claim from the town or village court having jurisdiction over the
matter to another town or village court within the same county, the
court to which it is transferred shall have jurisdiction to determine
the claim.
So you can sue them in any county or municipality where they reside or
have a business office.
My questions are:
1) Should I file 3 separate claims or just one against the home office
in Arizona?
Do you *have* 3 separate claims? It's kinda hard to tell, given the
sparse information provided.
Most likely, if the total amount of the claims is < $3000, you should
put all claims in one complaint. It doesn't matter whether it's the
local office or the main office, it's the whole company that would be
liable.
2) Is it possible to file a small claims court claim without having to
do so in person?
You're going to have to pick up a form and pay the filing fee, so
you're probably going to have to do it in person. You may, however,
wish to call the clerk of the court in question to see if they will
send you a form to mail in. Different courts do things differently
here.
3) Are compensatory damages award-able in small claims court? I would
like to be compensated for non-monetary losses I sustained as well as
reimbursement for expenses incurred in suing them.
Nope. No compensatory damages in NY small claims.
4) What about punitive damages? (I don't think so, but thought I'd ask
anyway!)
Nope. No punitives in NY small claims.
All you can get is your actual damages plus filing fees, and
attorney's fees if incurred.
Please be advised that corporations usually appear thru attorneys to
defend small claims. You may wish to consult with one yourself. Call
your local bar assocation to get a referral to a pro bono.
Tarkus
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Don't know NY law specifically (I'm in CA), but most of the rules are close:
My complaint involves 1) The franchised location that I physically
procured these goods from, 2) The 'Regional Office' for that
geographic location, and 3) The corporate offices itself.
Put 'em all as defendants in the suit.
I am located in western NY. The franchised location is in centeral
NY, and the regional office is in eastern NY. All 3 of these
locations (corporate, regional and local) are jointly (but not
equally) responsible for loses that I sustained and as such, I need to
make sure that I file accordingly. I anticipate that the different
locales will point the finger at one another and claim that they are
not liable for what the other does.
If they file cross-complaints against each other that's their problem.
My questions are:
1) Should I file 3 separate claims or just one against the home office
in Arizona?
They prob. won't let you file 3 claims (res judicata); file 1 in NY and name
all 3 defendants.
2) Is it possible to file a small claims court claim without having to
do so in person?
In CA, yes; I downloaded the forms from the internet and mailed 'em in with
a SASE. They filed 'em and mailed the duplicates back.
3) Are compensatory damages award-able in small claims court? I would
like to be compensated for non-monetary losses I sustained as well as
reimbursement for expenses incurred in suing them.
Generally yes, depending on the claim.
4) What about punitive damages? (I don't think so, but thought I'd ask
anyway!)
Generally yes, depending on the claim.
Thanks for your time and I look forward to your responses!
kory
--
Falky
San Diego, Calif.
----------------
Disclaimer: This has been the opinion of a law student, not a lawyer.
Author advises each reader to get the opinion of a legal professional.
This post is not intended to be legal advice.
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On Thu, 07 Oct 2004 15:56:16 GMT, "Falky foo"
<falkyfoo@bonksbcglobal.net> wrote:
Don't know NY law specifically (I'm in CA), but most of the rules are close:
Put 'em all as defendants in the suit.
Most definitely.
If they file cross-complaints against each other that's their problem.
Agreed.
My questions are:
1) Should I file 3 separate claims or just one against the home office
in Arizona?
They prob. won't let you file 3 claims (res judicata); file 1 in NY and name
all 3 defendants.
Depends on the circumstances. If there are 3 separate instances, then
there can be 3 claims.
The court will consolidate them anyway.
2) Is it possible to file a small claims court claim without having to
do so in person?
In CA, yes; I downloaded the forms from the internet and mailed 'em in with
a SASE. They filed 'em and mailed the duplicates back.
You don't know NY courts....
3) Are compensatory damages award-able in small claims court? I would
like to be compensated for non-monetary losses I sustained as well as
reimbursement for expenses incurred in suing them.
Generally yes, depending on the claim.
Um, NO - NOT in NY. Not for small claims, anyway.
4) What about punitive damages? (I don't think so, but thought I'd ask
anyway!)
Generally yes, depending on the claim.
Again, NOT in NY small claims.
Thanks for your time and I look forward to your responses!
kory
Tarkus
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Thanks for clearing that up. Again, I don't know NY, but I'm shocked that
you can't file small claims by mail. In many counties in CA you can do it
over the internet, via a walkthrough that asks you questions and fills the
forms in for you which you can then print out.
On Thu, 07 Oct 2004 15:56:16 GMT, "Falky foo"
<falkyfoo@bonksbcglobal.net> wrote:
Most definitely.
Agreed.
My questions are:
1) Should I file 3 separate claims or just one against the home office
in Arizona?
Depends on the circumstances. If there are 3 separate instances, then
there can be 3 claims.
The court will consolidate them anyway.
2) Is it possible to file a small claims court claim without having to
do so in person?
You don't know NY courts....
3) Are compensatory damages award-able in small claims court? I would
like to be compensated for non-monetary losses I sustained as well as
reimbursement for expenses incurred in suing them.
Um, NO - NOT in NY. Not for small claims, anyway.
4) What about punitive damages? (I don't think so, but thought I'd ask
anyway!)
Again, NOT in NY small claims.
Thanks for your time and I look forward to your responses!
kory
Tarkus
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