3 replies to this topic

[Waterman1]

I had some repair work done to restaurant equipment. Work was not satisfactory, so refused to pay
full bill. Service company has filed "warrant in debt" in a general district court across the state some
150 miles from where I reside, and the work was performed. I do not reside nor was the work performed in the district where filed. Does that court have proper jurisdiction?

[Tax_Counsel]

No one here can answer that question because the law on jurisdiction and venue (and it’s likely a venue problem rather than jurisdiction in this circumstance) is state law for cases filed in state courts and you didn’t specify the state. In addition to that, it matters what (if anything) your contract says about where any lawsuits between you for breach of the contract would be filed.

[rdrake]

Sorry I'm not entirely sure about the jurisdiction, but don't contractors have you sign something when they complete the work stating that the work was done in a satfisfactory manner? Or did you only find out later that the work wasn't done properly? Maybe consider filing a small claims case against them in your jurisidiction, adding in additional damages for your trouble. What is the proof like for the work? Is it something that can be easily proven on court?

[FindLaw_AHK]

To learn more about this subject matter, you may wish to read the LawBrain: Jurisdiction article as a good resource.