All that for under $ 100.00?
--
Jim Dynes <[EMAIL PROTECTED]>
Albuquerque, New Mexico
On Aug 12, 2005, at 8:06 PM, John Slavin wrote:
Been a while since I studied this in law school, but under due
process claus of the US Constitution, the company has to have
sufficient contact with your state to submit to jurisdiction. I
don't know what the current law on this is, but don't assume that
selling in your state via mail order is enough. Clearly having a
store would be, IF it's the same corporate entity, but you've got
the issue of different companies, subsidiaries and the like.
Then, assuming they have submitted to your states' jurisdiction,
the next question is venue. Venue will probably depend on the type
of case. In Missouri, for example, if it's a contract issue, like
a warranty claim, that will be where the defendant resides. With
corporate defendants, you look at registered agents, principle
places of business, etc. It's not likely to be where you live. If
it's a tort, like fraud, it might be where the claim arose, which
might be where you live.
Once you get a judgment in your home state, you've got to register
it in the state where the assets are. You'll probably need an
attorney for that. Once it's registered, you'd have to levy on
their property, again which will probably require an attorney.
Unfortunately, the property (including realestate, equipment and
inventory) is probably already pledged to a finance company or
bank to secure loans, which will make it untouchable by your judgment.
You may be able to generate enough bad press to shame them into
paying if you sue, but otherwise, I'd say it's a lost cause.
--
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