Where do I file suit if I performedwork for a company inone state if the company is located in another state?
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Where do I file suit if I performedwork for a company inone state if the company is located in another state?
My company did a job in OH for a company located in VA. The work was done at a customers. The invoice was sent to VA. Value of contract was $ 9,700. If needed which location can I file suit in?
Asked on September 7, 2011 under Business Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most states venue for a breach of contract action (location of the filing of the lawsuit) is either where the contract was entered into, where the contract was performed or where the defendant is located (living or doing business).
If your company is an Ohio business, you want to file suit in the county where your company is located as opposed to some county in Virginia where the debtor is located. If the contract was entered into via a telephone call or an e mail sent to your business, then you file suit in the county and state where your business is located.
If the debtor is served with the summons and complaint filed in the county of the state where your business is located, it is required to file a motion to transfer venue to another location within a certain time period or improperly claimed venue is waived for the lawsuit.
Good question.
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