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post #1 of 29 (permalink) Old 11-09-2013, 02:30 PM Thread Starter
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small claim court

Let's say someone in Delaware owes someone in Alabama for work completed in Alabama
Which state will small claims court be in?
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post #2 of 29 (permalink) Old 11-09-2013, 03:18 PM
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Alabama. That is where the work took place. The thing is, they have to come to Alabama for every hearing. They will more than likely not want to incur the expense and either pay or attempt to settle.
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post #3 of 29 (permalink) Old 11-09-2013, 04:56 PM
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Let's say someone in Delaware owes someone in Alabama for work completed in Alabama
Which state will small claims court be in?
HAve you filed Liens ?? It is a way easier and more cost effective way of getting their attention and once recorded it has to be resolved before the property can be sold ! I did this with 3 point and was paid within a week of their getting thje liens as before they would not return calls.
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post #4 of 29 (permalink) Old 11-09-2013, 04:59 PM Thread Starter
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The guy in Delaware is a sub of a national
I spoke with the national and they said I couldn't do a lien. I have my doubts about this but haven't researched it.
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post #5 of 29 (permalink) Old 11-09-2013, 05:46 PM
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The guy in Delaware is a sub of a national
I spoke with the national and they said I couldn't do a lien. I have my doubts about this but haven't researched it.
If I was a National, I'd tell you couldn't file on a property that I was responsible for too .

Here, a lien is filed at the courthouse in the county where the property/work completed is located. Not the county your business is in.



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post #6 of 29 (permalink) Old 11-09-2013, 05:58 PM Thread Starter
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If I was a National, I'd tell you couldn't file on a property that I was responsible for too .

Here, a lien is filed at the courthouse in the county where the property/work completed is located. Not the county your business is in.
That is exactly why I was doubting it.
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post #7 of 29 (permalink) Old 11-09-2013, 08:39 PM
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Let's say someone in Delaware owes someone in Alabama for work completed in Alabama
Which state will small claims court be in?
Kind of like "I have a friend who may or may not be pregnant...."


So the national told you that you can't file a lien? Why, because you signed a waiver on page 47 subsection L of your contractor agreement?
That's for the judge to figure out. By the way, some states don't even recognize that silliness.
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post #8 of 29 (permalink) Old 11-09-2013, 09:03 PM Thread Starter
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Not sure why you are trying to make that comparison ^^^
Some guy in Delaware says he is not going to pay me for grass cuts preformed in Alabama
I would like to know if anyone knows where court would be held
In Alabama or Delaware
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post #9 of 29 (permalink) Old 11-09-2013, 09:06 PM Thread Starter
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I didn't sign any contracts with the national
He says if national doesn't pay him then he doesn't pay me.
National says they don't get involved and that if he owes me take him to small claims court
Delaware guy doesn't understand that the agreement between me and him is between me and him
He keeps trying to bring the national into it.
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post #10 of 29 (permalink) Old 11-09-2013, 09:15 PM
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Some Nationals, like Safeguard, have contract language that states all litigation will take place in Ohio in whatever county they are headquartered. In four states, I have yet to find a judge that abides by that. The big boy nationals, if it is a fairly large case, will sub the first appearance to a local attorney. They'll just have him show up and ask for a continuance or try and slip the request to move it to their home state . If you are working for a sub, then they probably won't have a lawyer in house to handle everything that comes in. They'll try and blow you off until it goes to their client.
Your OP just mentioned "someone". Of course it's you.
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