If I did freelance writing from home in NJ for an LLC created in Delaware but the companys main owner lived/worked in Brooklyn, NY, can I sue in NJ?
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If I did freelance writing from home in NJ for an LLC created in Delaware but the companys main owner lived/worked in Brooklyn, NY, can I sue in NJ?
I did some freelance writing from 2011 – 2012, from home in NJ, for an LLC that
was created in Delaware, but everyone was scattered in other states. The main
person in charge was in Brooklyn, NY at the time he has since moved to
California. Its a long story but I am finally suing the company and the individual
who was responsible for me not getting paid. But can I sue in NJ since the
defendant and the business now defunct but not bankrupt are not in NJ?
According to the court website, If none of the defendants live or are located in
New Jersey, the complaint must be filed in the county where the cause of the
action arose or where it started. Does the fact that I did all my writing work
from home in NJ and one on-location assignment in NY satisfy the
requirement of it being in the county where the cause of the action arose or
where it started? Also, is there a statute of limitations in terms of me filing this
now, four years after the last work was completed? Keep in mind that the
business is defunct, not bankrupt.
Asked on August 15, 2016 under Business Law, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You are the plaintiff. The owner and LLC are the defendants.
A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the transaction/incident occurred that is the subject of the lawsuit.
You can sue in your home state.
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