Is there a way to get around choice of venue for small claims?

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Is there a way to get around choice of venue for small claims?

I want to file breach of contract against a company based in one state; I am in another. The contract calls for venue in the other state. However, I am a disabled person with very limited finances; there is no way I could traavel out of state to pursue this. What should I do?

Asked on July 24, 2012 under Bankruptcy Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The way to get out of the choice of venue matter is simply file the lawsuit in the county and state where you reside and claim that the contract was entered into in that state. It is then incumbent upon the defendnant to make a motion to change venue. Whether or not such happens is something you can deal with later.


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