In what state’s small claims court do I suea cell phone provider?

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In what state’s small claims court do I suea cell phone provider?

Can I send the summons to a the company’s office in my area (NY), or do I need to send the summons to the company’s headquarters in NJ, and then sue them in small claims court in NJ? If the latter, isn’t there a law that I can sue them in the area where they do business (i.e. NY)? They charged me for services that I did not use and they refuse to issue me a credit.

Asked on December 6, 2010 under General Practice, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.

Since you live in NY, you can file your lawsuit in NY in Small Claims Court.  Service of process can occur at the NY office of the company.  You are correct that the company can be served with the lawsuit (Summons and Complaint) at the NY office because they are doing business in NY.  Doing business in NY establishes sufficient minimum contacts with NY so that the company can be sued there.

In addition to the amount you are seeking to recover in your lawsuit, you should also include court costs.  Court costs include the court filing fee and process server fee.


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