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

UPDATED: Jul 24, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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