Small Claims Jurisdiction

[littlebeach]

State: New York

What jurisdiction does one sue another in small claims, what constitutes a "presence" in a particular jurisdiction.

Specifically: I live and operate a business out of my home in township A. A customer rents an item from me who lives in township B. These townships are not even in the same county. The item was delivered to township C for the plantiff to use. I provided maintenance only while he was renting item and when he was done, I took the item back to my resident.

I have been served to appear in a small claims court in township C. It is my understanding that the Plantiff has to sue me in a jurisdiction where I live or have a "Presence" such as an office or store front.

Is this true? Or do I have to "fight" this one in the C township?

If there is no jurisdiction, do I even have to appear? How do I advise the town court that they have no jurisdiction??

Thanks

 

[I AM ALWAYS LIABLE]

My response:

Ah, yes. Jurisdictional questions and "minimum contacts". This is an excellent question, and one that brings me back to my law school days. Darkened libraries. No dates for months and months. Professors that were old codgers, and the time when I lost my vir . . . well, you get the picture.

Your question is reminiscent of that old U.S. Supreme Court decision in International Shoe vs. Washington State (1945) 326 US 310, 66 S.Ct. 154, which I still teach about today.

Fortunately, yours is not so complicated as "International Shoe". As a matter of fact, yours is easy. You must defend in Township "C". Why?

Because the delivery of your product or item to "C" did two things:

1. It allowed your contract to be completed in "C", and thereby, you did business in "C".

2. Because you did business in "C" (See #1 above), you availed yourself of the laws and protections of "C" - - thus, you satisfied the "minumum contacts" rule.


The requirement of minimum contacts ensures that the assertion of jurisdiction does not violate "'traditional notions of fair play and substantial justice.'" (International Shoe Co. v. Washington (1945) 310, 316 [90 L.Ed. 95, 102].)

Good luck to you.

IAAL

 

[littlebeach]

Are you sure about that answer? If a rental company delivers equipment throughout the state, you mean to tell me that they are open to suits across the state??

Delivery and Maintenance of a rented piece of equipment hardly creates a legal business presence in that district does it?? Wouldn't this mean that no matter where a company like "Enterprise Car Rental" delivers their rental car, they would be open to a suit in that district??

Another fly in the so-called ointment: If under the same contract, the piece of equipment was delivered to a second location in still another tonwship (D), what effect (if any) does that have on the jurisdiction question? And is not that why the plantiff must bring suit in the district in which I have my business located?

thank you