Rule of law

tlak

Well-known Member
Went to file a Small Claims and was told I had to file in the county of the business. I know this is not true, but I don't have the law demonology to back me up. I knew the clerk would say this and I could get past them but then the other sides attorney and the judge would push it, so I'm waiting filing till I have the law.
Anybody know this?
 
You need to find the Small Claims statute for your state and read it. Small Claims is supposed to be convenient for all concerned, and it may very well be that they have special venue requirements for Small Claims actions.

Generally, "jurisdiction" to adjudicate a matter would be statewide, but "venue" is the particular county. If you filed in your home county against a company on the other side of the state, they could move the court for "change of venue" on the basis that it is inconvenient for them to respond in a remote county. The court would weigh the relative inconvenience to the parties of the two locations, but would normally give preference to trying it in the county the defendant is located, because that's usually where the evidence is located, the witnesses, etc.
 
A power company worked through my property and tore up roads, land, a lawn mower etc..
Figured I didn't have to drive across the state chasing them.
 
I don't think so. Could be wrong but it is not allowed to have a lawyer represent you in SCC. My problem with the utility was getting them served. The other thing is the lawers-wanna be judges not awarding damanges without a reciepts. Typically they don't pay you for the time you spent fixing or cleaning, if so it is minimum wage. I have several rental houses so I have had oppertunity to use the system. Every once in a while though you run into a judge that believes in contracts and private property rights and lets you squeeze blood out of a stone.
 
Is there an easement pertaining to the powerline corridor and WHAT does it say about their rights for access and about you leaving a crappy lawnmower on their right-of-way?

In reality, you are probably LUCKY one of the crew didn't trip over the 'ol thing and get hurt!
 
Small claims is often set up so a person can present their own case or they could have a lawyer if they preferred. There was a case on here a couple years ago where someone bought an old truck that wasn't roadworthy(rusted brake lines) and attempted to drive it to another state or county a couple hours away. They didn't make it and filed a claim against the seller. It was a bogus claim to begin with because the seller clearly stated it wasn't roadworthy. The buyers filed the claim anyway in their county. At the pre trial meeting, the buyers were going on and on about how dishonest the seller was. Then the clerk asked the seller if he had anything to say before the judge came in. He pulled out a copy of the small claims statute and listed section so and so that stated a lawsuit has to be filed in the county/township where the transaction took place. The clerk then asked the buyers if they understood this. The response, "That's 2 hours away from our house". The clerk told them they could refile in the proper county if they wished but the buyers said they couldn't afford to file another claim. The pre trial was adjourned immediately. I think the seller could have had a countersuit for his expense to drive the 2 hours to argue his point. In this case, I think it should be in the county where the damage occurred. That's where neighbors and witnesses would have been. I think the clerk made a mistake.
 
Have you tried filing a claim with the utility? I'd think that would be the first step. And it would probably help your case if you've filed a police report, even if local law enforcement says it's a civil matter.

I believe that corporations are represented in small claims court by their attorney. So you would be going up against an attorney.

Can you file an insurance claim?
 
First off F-Y. The lawn mower was by my house and the power lines are 1/4 mile away. Must be some of your drunk buddies.
 
When I went to small claims, years ago, the man I was suing came out of the judges chambers holding hands. You knowhow that went. Lawyers are a necessary evil unless you know everybody in town and ........
 
I am not sure what state you are in, but you may get more done to file a complaint with the Public Service Commission. They requlate the power and phone companies about rates etc. Sometimes, not always, a call to them will get alot done.
 

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