Where to sue?

Posts: n/a With friends like these!

--------------------------------------------------------------------------------

I have been an independent contractor selling IT equipment for about 5 years. I live and work in NJ (I have an LLC), but the company I run my deals through is in Ma. For the past 3 years I have recieved 30% of the profit for all the deals I bring to this Ma based company but have not had any written agreement. My pay would come in the form of a check for $10k or 20K at a time but would not include a statement that outlined the particulars of what the payment covered. Stupid I know, but the guy a was dealing with always played that way and would not send me a proper statement.

After numerous requests, I finally got him to pay me for some of the monies he owed me at year end and to include a comission statement. The check only covered a portion of what he owed me and instead of paying me at 30%, he cut it down to 25%. He had said he wanted to cut the rate to 25% last year during a call we had but I told him that that was absolutely unacceptable. After that he never brought it up again.

A couple questions:
Do I need to sue him in Ma. or can I sue him in NJ?

The dispute is over about 14K but I would settle for 10K to keep it in small claims court...or is that a bad idea?

By continueing to send him business, did I agree to his new terms even though I clearly said it was unacceptable?

Why are people so dishonest? I'll answer that one...because they are greedy and have no morals.

Many Thanks!!!!!!!

Best to sue him where he lives--then you can collect easily as well.