Q: I live near Durango CO and want to file a small claims suit with a company in New York. How can I go about doing this?
Items shipped by UPS last October were damaged but, because I didn't save the huge box that took up 1/3 of living room, UPS denied the claim but gave me store owner's email and phone #. I have the email stream between him and me between October 2016 and January 3, 2017 where he promised to reimburse me for damages regardless of UPS denial. However, he has ignored all of my email requests since then. I contacted 'Corporate Office' on 2/1/17 and gave the rep the whole story, including UPS denial. She and another rep said they would get to the bottom of it but, apparently, the store owner ignored their requests as well and, after a month of my calling them, they now say they can't do anything about it. So I want to file suit with them but not sure how to do this considering different states.
A: This relates to jurisdiction. Without getting into all the details, both Colorado and New York should have jurisdiction over the case. I assume for your convenience you would like to sue in Colorado. This is fine, but be aware that the company can raise a jurisdictional challenge (whether this will work or not is another issue...). If you sue and win in Colorado you will likely need to transfer the award to New York (a relatively simple paperwork process). In the alternative, you can sue in NY, which will prevent the jurisdictional challenge issue and obviate the need for transferring the award, BUT you will have to physically appear in NY (unless you hire a lawyer in NY). Since you are the moving party (the party suing), it is your decision where you choose to file your claim.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
