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Can anyone help me figure out where to file a small claims lawsuit?
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teaforthree
My Handsome Boy!
Member since 12/10 2549 total posts
Name:
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Can anyone help me figure out where to file a small claims lawsuit?
I hope I'm allowed to ask this type of question on here...
My DH and I bought his truck upstate NY off a YouTube ad. It's about a four hour drive from here. That is where the transaction took place. We love his truck, but there's an issue with false advertising re: one part of the transaction dealing with what was supposed to be a valid warranty (it's not), so we have to sue for the advertised value of that warranty.
My question... can we file the claim in a Nassau or Suffolk court? Or do we have to file where we bought it? Can we file by mail?
Then, where would the case be tried?
I'm really hoping we don't have to drive up to file and drive up again for the case. And I'm really hoping the guy shows up so we don't drive up for no reason!!
Ugh... hate this! Any info would be appreciated. 
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Posted 10/27/11 1:58 PM  |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
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That Led To The Wrong Tendencies
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Re: Can anyone help me figure out where to file a small claims lawsuit?
I am pretty positive you will have to drive up there since that is where the transaction took place.
I mean look at it from his POV. Why should he travel where you live since where you live has nothing to do with him or his transaction.
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| Posted 10/27/11 2:54 PM |
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teaforthree
My Handsome Boy!
Member since 12/10 2549 total posts
Name:
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Re: Can anyone help me figure out where to file a small claims lawsuit?
Posted by ave1024
I am pretty positive you will have to drive up there since that is where the transaction took place.
I mean look at it from his POV. Why should he travel where you live since where you live has nothing to do with him or his transaction.
Do we have to drive up there to file it? Or just for the actual trial?
Can I file it in a court here or mail in the claim?
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| Posted 10/27/11 3:11 PM |
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Re: Can anyone help me figure out where to file a small claims lawsuit?
Are you filing against an individual or a business? Court should have a website with answers to many questions. You just have to make sure you are on the page for the right court. They can vary their practices a little bit. For example, small claims on LI and in NYC are very different. My business sued someone in small claims on LI about 2 years ago. It was a simple process but I'm glad I don't need to do it often.
If your case involves any repairs to the vehicle, you should have at least 2 estimates.
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| Posted 10/27/11 3:59 PM |
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teaforthree
My Handsome Boy!
Member since 12/10 2549 total posts
Name:
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Re: Can anyone help me figure out where to file a small claims lawsuit?
Posted by Kerie-is-so-very
Are you filing against an individual or a business? Court should have a website with answers to many questions. You just have to make sure you are on the page for the right court. They can vary their practices a little bit. For example, small claims on LI and in NYC are very different. My business sued someone in small claims on LI about 2 years ago. It was a simple process but I'm glad I don't need to do it often.
If your case involves any repairs to the vehicle, you should have at least 2 estimates.
Thank you. We're suing for the value of the third-party warranty, which he listed as $2500, which was a major selling point of the car since we weren't going to buy any vehicle without one. It was a private sale - individual to individual.
Do you know what court I would have to file with so I can look up their website?
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| Posted 10/27/11 4:20 PM |
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