I have a dispute with a United Airlines and wish to pursue the matter in small claims court. The dispute is regarding an upgrade charge to my credit card from the airline. The imprint of my card was taken in the air somewhere over the Pacific Ocean; the dollar amount was later placed in there and transacted in Chicago. (Yes, I signed a blank credit card slip and they lied to me about the amount.) My question to you is which state or county has jurisdiction? I live in Kentucky, but originally I thought I would have to travel to Chicago. Also, because my claim is for more than Kentucky's small claims court maximum, can I file in Tennessee, which is also very close?
Before you run to the courthouse to file a lawsuit, think about your chances of ultimate success. Answer these three fundamental questions to determine if it's worth your time and money to bring a lawsuit to court. If the answer to any of these questions is no, you probably won't want to sue.
Lawsuits should be last resorts. They devour time, money, and energy. And lawsuits -- even the small claims variety -- tend to polarize disagreements into win/lose propositions, making mutually beneficial compromise difficult. Before filing a lawsuit, it almost always makes sense to look for a solution
A court may decide in your favor, but it won't collect the judgment for you. So, before you sue, always ask yourself: Can I collect if I win? If you can't, think twice before filing a lawsuit. Unfortunately, in a small but significant percentage of situations, people and businesses are broke (lawyers
Jurisdiction simply means a court's power to hear and decide a case. The U.S. and state constitutions, as well as federal and state laws, grant and limit courts' jurisdiction. To make a legally valid decision, a court must have both subject matter jurisdiction (power to hear the kind of case a lawsuit
If your case is a proper issue for a state court to hear, you must find the proper court in which to file your case. The issues you must consider are: Which county or city court within a state is the proper place for your case? Lawyers call this determining "venue." This article helps to answer that
If your case involves an issue for the state courts to decide, you must find the proper state court in which to file your case. (For help deciding between federal and state court, see Nolo's article Subject Matter Jurisdiction: Should I File in Federal or State Court?) Finding the Proper State Court
What happens when you have a beef over an item or service purchased online? Your local state court -- where traditional power usually stops at the state line -- simply may not have the power to make a binding ruling over an online seller based in another state hundreds of miles away. Personal Jurisdiction:
You can ask for information from the federal government using a Freedom of Information Act (FOIA) request, if the information you seek isn't already available. Parts of the federal government are legally required, with few exceptions, to make their records available to the public as a matter of course.