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Small claims court jurisdiction

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Small claims court jurisdiction

Postby pedalinfool » Wed Mar 27, 2002 1:38 pm

I was living in a 6-unit unregulated apartment complex for about 5 years and asked to manage the complex about 4 years ago. The owners live out of the area and needed an onsite manager. My duties were to advertise for new tenants, collect rents and maintain the premesis. I paid a normal rent but was credited for time spent in management duties as an adjustment to my monthly rent. During this time period I was also fully employed by an unrelated company.

I changed jobs and in addition to the long commute and overtime I wasn't able to spend as much time on the job as usual and the owners fired me as manager. Shortly thereafter I found a notice taped to my door that described their dissatisfaction and was also advised in the notice that it was to be considered "an early notice of eviction". I received no other response from the owners.

The owners refused to return any security deposit or reimburse for outstanding receipts still in my posession and after repeated attempts to resolve the matter I filed suit in small claims court for recovery. I recently received a copy of a letter sent to the judge explaining that they are arguing the matter of jurisdiction under Section 1801 of the Uniform Justice Court Act stating that they did not reside in, have an office for the transaction of business, or have regular employment in the town.

Can anyone provide further insight into the position of jurisdiction in this regard? I'm at a loss as I have called numerous legal assistance numbers and was told by all that I must file this claim in the township in which the property is located. The town judge also agreed.
pedalinfool
 
Posts: 1
Joined: Wed Mar 27, 2002 2:01 am
Location: New York

Re: Small claims court jurisdiction

Postby <Red Zephyr> » Wed Mar 27, 2002 11:55 pm

Yes, you must file in the township where the transaction took place; where the corporation is located.

You have to decide if it is worth persuing this, particularly if it is a long commute for you and you are arguing over small money.

If you're going to go forward, get a good book about small claims court (such as the one by Nolo Press) and see if you can consult a lawyer for an hour at a resonable fee to strategize your case. (You generally can't bring a lawyer to small claims court, but it can be helpful to discuss the matter with one beforehand.)
<Red Zephyr>
 

Re: Small claims court jurisdiction

Postby <BB> » Fri Mar 29, 2002 1:20 pm

Check out this TenantNet page:
http://www.tenant.net/Court/Legsystm/index.html
Best of Luck!
<BB>
 


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