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| Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer. |
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#1 |
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Junior Member
Last Online:
10-14-2008 12:13 PM Join Date: Sep 2008
Posts: 2
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If i do business home business in one state arkansas and had a lady purchase something and now is not happy and she did not abide by website rules and now is threatening and harassing me and said she is going to file small claims court againest me in florida where do i stand what position does that put me in i am not going to florida and i have serious heart condition and other medical conditions that are serious so if i dont go to court what will happen to me
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#2 |
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Posts: n/a
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She has to sue you where you reside normally.
If she sues in Florida she still has to then come to your state to get it accepted there, and you can challenge it then too. |
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#3 |
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Posts: n/a
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Well supposedly she consulted a law firm and they said since she paid from Florida she can make me go to court in there. But i was told since my business if you call it that then she has to sue me in the state my business in in. That i do business in all states. My website states any legal concerns must be taken up in benton county arkansas and she didnt even sign the contract and send it back and it states if not then there is no guarentee . But yet she has filed supposedly in florida in small claims court ... What if I refuse the papers when sent? Can I refuse the papers? Should I refuse them? They will come by mail for me to sign for? She is also going to forums using fake names and posting bad things about me the one site told me isp and where it came from.
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#4 |
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Junior Member
Last Online:
10-14-2008 12:13 PM Join Date: Sep 2008
Posts: 2
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I was told this by another expert so my website and the rules and contracts are worthless that they dont mean nothing
You cannot force someone to waive their legal right to sue you in another jurisdiction - if the circumstances are such that you can be sued in another jurisdiction, the buyer does not have to waive that right. This is the same as posting a notice in your car that if anyone is injured they promise not to sue you. You could even get it in writing. They cannot legally waive their rights. If you are doing business all over the country this is a chance you are taking. And, again, I don't know the problems with this sale or the dollar amount. And, yes, you would file an appearance and your answer would be to quote your website and the law - and the Judge will either dismiss the case or not. |
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