If I have changed my state of residence since forming a contract, which state’s small claims court do I file suit in?

I have a written contract with someone who currently resides in another state. At the time we made the contract, I also resided in that same state. I am considering enforcing my contract via small claims court. Do I have to file suit in their state or may I file suit in my current state?

Asked on July 16, 2012 under Bankruptcy Law, Arkansas

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

typically, the UCC requires that the suit  be filed where venus exists.  In this case, venue is the place where the contract was entered into or a place where the defendant has a legal presence.  Does the other party do businss in the state of your residence?  if not, venue is proper in the juristiction in which the contract was entered.


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