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Old 08-18-2009, 09:00 PM   #1
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Where to file a lawsuit.?

You own an automobile restoration and body shop business. You restore antique cars for individuals and companies. Recently you completed a project where you restored three classic 1965 Ford Mustangs for a wealthy owner in Oregon. You did all the work at your shop in Lincoln, Nebraska. Last week you delivered the restored vehicles to the owner and sent an invoice for $82,000 for your labor and materials. Today you received a call from the owner stating that he was dissatisfied with your work and that he would not pay your invoice. You are furious (of course) and you plan to hire an attorney and file a lawsuit against him for payment as soon as possible. Where can you file your lawsuit? Do you have to file it in Oregon?

I just need to know options..
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Old 08-18-2009, 09:18 PM   #2
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Where to file a lawsuit.?

That depends. Most attorneys and even most paralegals should be able to answer that question for you., it's just that paralegals can't advise a course of action or give you legal counsel.

If the customer has breached the contract by not rendering the consideration due for your services provided, then you might want to seek an attorney.

First, though, I would ask him what the specifics of his dissatisfaction are. If it is genuine, you should be able to remedy the dissatisfaction. If it is fraudulent, then you may have to explore your legal options.

Let the courts be your last resort if you want to retain a good business image.

You should not have to file in Oregon.

You should be able to file in Federal Court if he is from Oregon and you are from Nebraska (true diversity) and the amount exceeds $75,000. I think you should be able to file in a venue in your home town, since the customer came there to do business with you.

Again, a proper attorney would be the one to ask if you want sure answers.
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Old 08-18-2009, 09:23 PM   #3
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Where to file a lawsuit.?

I'd go about this twofold. One, file mechanic's leins against the vehicles in Oregon (I'm assuming you have reg numbers and plate numbers).

Second, file suit against the owner in Nebraska. Usually you have two options. One is where the work took place the other is where the defendant resides. The only issue would be that he placed the call from Oregon.

At least with the lein he cant sell the vehicles or anything. Plus with the lawsuit you have a judgment against him and he's stuck with that as well. Regardless of quality of labor, the material is still all yours until paid, and the vehicle is subject to leins until/unless all material is removed and it is back to original condition PLUS the labor is paid for.
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Old 08-18-2009, 09:26 PM   #4
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Where to file a lawsuit.?

It would be easier and less expensive to sue him in Oregon because he will contest jurisdiction if you brought suit in Nebraska and the legal fees will be huge. He's got the money for lawyers. You probably would prefer not to spend tens of thousands of dollars fighting over jurisdiction.
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Old 08-18-2009, 09:50 PM   #5
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Where to file a lawsuit.?

1800LAWSUIT
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