How do I find out which court to file the claim? 39 Answers as of May 29, 2013

How do I find out which court to file the claim?

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The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
There are some very detailed and explicit rules that deal with where the proper place to file a lawsuit is and in which court that it should be filed. This can be a very tricky thing for even some attorneys.
Answer Applies to: Louisiana
Replied: 8/8/2012
Evan Guthrie Law Firm
Evan Guthrie Law Firm | Evan Guthrie
In South Carolina it can be the county the incident took place or your county of residence. Consult a personal injury attorney.
Answer Applies to: South Carolina
Replied: 6/22/2012
Salladay Law Office | Lance Salladay
Generally the proper court is the court where the person you are suing lives- If the claim is for more than $10,000 it is in District court, if less then in magistrate court.
Answer Applies to: Idaho
Replied: 6/20/2012
Gebler & Weiss, P.C. | Jerrie S. Weiss
It is determined by zip code. If you call the clerk of the court nearest to where you think the incident happened, they will tell you once you give them the zip code.
Answer Applies to: California
Replied: 6/19/2012
Mike Yeksavich | Mike Yeksavich
The answer may vary based upon whether it is a federal or a state case. Normally, the case is filed where the injury occurred or you can obtain service on the Defendant.
Answer Applies to: Oklahoma
Replied: 6/19/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    If you are filing anything above a "Small Claim" you really should have an attorney. Jurisdiction, venue, notice, mitigating bills, release of claims are all issues that must be addressed, in addition to many more that I have not listed. You really should speak to an attorney about YOUR matter. If it is a small claim, the clerk's office may be of assistance. The best advice that I can offer you is to at least consult with an attorney. Unless they advise you to file a small claim, I would strongly urge you to speak with and hire an attorney to maximize your case.
    Answer Applies to: Massachusetts
    Replied: 6/18/2012
    Ricks & Associates | Kenneth R. Ricks
    The jurisdictional statutes allow you to file in the county where the incident happened or the defendants reside.
    Answer Applies to: California
    Replied: 6/18/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The best way is to get advice from a lawyer (if you gave me the facts of the case, I could probably tell you in this answer). Otherwise, read the South Carolina Rules of Civil Procedure and any statutory law applicable to your case. Most cases where the amount in controversy is $7,500.00 or less should be brought in Summary (Magistrate's) Court. Most cases above this amount should be brought in the Court of Common Pleas (Circuit Court). Generally, cases should be filed in the county where the defendant resides. If the defendant resides out of state, the case can generally be brought in any county. There are exceptions to the general rules set out above.
    Answer Applies to: South Carolina
    Replied: 6/18/2012
    Toivonen Law Office | John Toivonen
    Typically a claim is filed where the injury occurred. In some cases a corporation is sued in the state where it has it principal place of business. Claims involving more than $25,000 are filed in circuit court. Claims of less than $25,000 are filed in the district court.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    Personal injury cases can be filed in one of four courts in Nebraska. They are: Small Claims Court; County Court; District Court; United States District Court for the District of Nebraska (federal court). Both Small Claims and County court are limited in that your case cannot be worth over a certain amount to file there. Currently, the most you can receive in Small Claims Court is $3,500.00. If your are trying to get more than $3,500.00 you cannot file in Small Claims Court. The limit for County Court is currently $52,000.00. If you case is clearly worth more than $52,000.00 you cannot file in County Court. However, if it is not clear that your case is worth that much and you receive a verdict or judgment in excess of this amount, you can have the award transferred to District Court to collect the entire amount. There are special requirements to file in United States District Court. For Nebraska state courts, you must file it in either the county where the personal injury occurred or where any defendant (at-fault party) resides. If the at-fault party is a business, then you can file in any county where they conduct business.
    Answer Applies to: Nebraska
    Replied: 6/18/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    You would need to review the Massachusetts laws of civil procedure to determine the proper place to file a complaint. If done incorrectly, your claim can be forever barred.
    Answer Applies to: Massachusetts
    Replied: 6/18/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It depends on the amount of the claim and the amount involved.
    Answer Applies to: New York
    Replied: 5/29/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Up to $5000 in small claims court (Judge Judy court If you have a serious injury or claim go to (our highest trial court) Superior Court.
    Answer Applies to: North Carolina
    Replied: 6/18/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    You should consult an attorney qualified in litigation. However, you would file the suit in the county where the defendant lives or where the accident happened.
    Answer Applies to: Utah
    Replied: 6/18/2012
    Law Office of Gregory Crain | Gregory Crain
    Hire an attorney.
    Answer Applies to: Arkansas
    Replied: 5/29/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    There are 2 issues here: One is JURISDICTION, and the other is VENUE. Jurisdiction depends on the dollar value of the claim, and whether or not the party being sued (the Defendant) is a "resident" of another State. If the value of the claim exceeds $25,000, then under Michigan law you may sue in Circuit Court rather than District Court. Circuit Court is the County court, whereas District Court is the City court. If the value of the claim exceeds $75,000 AND the Defendant is a "resident" of another State, the claim will likely end up in Federal Court whether or not you initially file suit there. Typically, venue is in the City or the County (or State, in Federal Court) in which the Defendant is "established or resides," or "where the cause of action arose".
    Answer Applies to: Michigan
    Replied: 6/18/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    The answer to your question depends on a number of factors. You can read the RCW's, the Court Rules, and the published opinions of the appellate courts, or you can retain an attorney.
    Answer Applies to: Washington
    Replied: 6/18/2012
    Howes & Anderson, P.C.
    Howes & Anderson, P.C. | Ronald Anderson
    A personal injury claim is usually filed in the Court which has jurisdiction over the place where the defendant resides or where the accident occurred.
    Answer Applies to: Iowa
    Replied: 6/18/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Contact your local County Clerk of Court's Office for assistance.
    Answer Applies to: Indiana
    Replied: 6/18/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Generally its where the injury occured or where the defendant resides. Discuss your particular facts with a local attorney. You could also file in federal court. Then, you might try to file in a "plaintiff-friendly" county. There are too many variables to explain in a one paragraph answer.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    You can read all about venue and jurisdiction at your local law library. This is strategic descison. I think you better Get a Great Lawyer. Injuries and all other damages must be documented or the insurance company will not consider them.
    Answer Applies to: Virginia
    Replied: 6/18/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    It depends on the amount in controversy; for claims up to $5,000, you file in small claims court. For claims up to $15,000, you would have to file suit in county court; for claims in excess of $15,000, you would file in circuit court. You would have to file in the county where the defendant resides, does business if its a company, or where the accident occurred.
    Answer Applies to: Florida
    Replied: 6/18/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Venue is determined by type of action and statutes - you would look in the Iowa Code and the Iowa Rules of Civil Procedure.
    Answer Applies to: Iowa
    Replied: 6/18/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    The theory is based upon the amount you are seeking. District court is in an amount up to $10,000 and Superior Court is in an amount greater than $10,000.
    Answer Applies to: Rhode Island
    Replied: 6/18/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    It depends on the type of case you are filing. For example, in personal injury case, you may file in the county where the accident occurred or where the defendant resides or where the plaintiff and defendant reside.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    Law Office of William L Spern | William Spern
    File suit in the county or city in which the injury occurred.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    In Georgia, venue is determined by the County in which an individual resides. The are other options for where to sue corporations.
    Answer Applies to: Georgia
    Replied: 6/18/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Many of the court website have filing locators. If you are in Los Angeles County, here's the link: http://www.lasuperiorcourt.org/FilingLocator/UI/filingSearch.aspx
    Answer Applies to: California
    Replied: 6/18/2012
    Ezim Law Firm | Dean Esposito
    File the suit in the parish where the accident/incident occurred or where the defendant resides.
    Answer Applies to: Louisiana
    Replied: 6/18/2012
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    Your state court system probably has a website where you can look up the locations of the different courts. File in the county where the accident occurred, or else where the defendant is located.
    Answer Applies to: Utah
    Replied: 6/18/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    That's a tricky one: Assuming you are in New York State, I'd start with NYS Supreme Court for the County that you live in. Ask the Court Clerk.
    Answer Applies to: New York
    Replied: 6/18/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    The court that has jurisdiction for your matter depends upon what type of case you have and what relief you are seeking. Then generally you bring the action in the county where one of the parties resides. You should contact an attorney to discuss your matter further.
    Answer Applies to: New York
    Replied: 6/17/2012
    Bruce Plesser | Bruce Plesser
    Where accident occurred.
    Answer Applies to: Florida
    Replied: 6/15/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Use the jurisdiction where the accident occurred. You can go to the court web sites for information.
    Answer Applies to: Connecticut
    Replied: 6/15/2012
    Mishkind Law Firm, Co., L.P.A.
    Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
    Usually the claim will be filed in the county where the accident occurred or where the defendant lives. Depending on the amount of damages sought you can file in municipal court for the city where the incident occurred or in the county courthouse.
    Answer Applies to: Ohio
    Replied: 6/15/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    Jurisdiction is a very important part of the initial filing. Don't risk this decision by going it without an attorney. "One who represents himself has a fool for a client."
    Answer Applies to: Pennsylvania
    Replied: 6/15/2012
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