Expert: Morgan Smith - 9/13/2011

Question
Hello,
I was recently served a a claim as a defendant and given a court date a month from now. However, I believe I can have this case dismissed and am wondering if I should first pursue this method.

The plaintiff has filed the claim in the county where she resides and where she operates her business (call it county X). However, the verbal agreement which is being disputed was made in the county where I do business (call it Y) and also where the plaintiff held a satellite office for the period of time in which services being disputed were rendered.  

As the plaintiff is claiming I broke a verbal agreement (which was initially made in county Y) and is seeking the monies she claims I owe, there does not seem to be property damage or injury. I would like to request the case be dismissed on the grounds that it should have been filed in county Y as well as the above-mentioned issues.

In the letter I received from the court, the plaintiff states that the courthouse covers the claim because either the defendant lives or does business in county X (I do not), the plaintiff's property was damaged or there was injury (I do not think this applies), or because it is the county in which the contract was made, signed, performed or broken by defendant (the verbal contract was initially made in county Y - there was no written contract).

As background, she operates a non-profit and I am a freelancer/contractor (with a business license).

Do you believe I have grounds to have the case dismissed? I am fairly confident that she will not win this case, but traveling to county X proves a hardship for me. Thank you very much for your time,

Dana

Answer
Dear Dana,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question appears to be small claims court procedure.

In my state, there are no pre-trial or pre-hearing procedures for small claims court.  Here, if a litigant has a legal claim or theory, it must be delivered at the hearing.  If it is convincing, the presiding judge or referee can grant the relief sought.

I recommend that you bring your information to an attorney licensed to practice in your state, particularly someone with experience in small claims and get some proper information about the statutes and rules that apply in your state.  My guess is that you will need to go to your hearing and present the claim.  An exception may apply where you could be granted leave to testify by telephone because of the travel hardship.  Rules on that subject can also be found with the help of your attorney.


I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law