In small towns or cities, there is often no problem with determining the proper Small Claims Court, or the proper branch of the court. However in big cities, there may be a number of branches of the Small Claims Court. Whether you are bringing the action in the proper court is a question best answered by the Small Claims Court clerk. You should call and tell them the type of action and where you and the defendants reside, and they will usually tell you the proper court.

In many actions, defendants have certain rights not to be sued in certain courts. It is your duty to make a determination of whether the defendant has been sued in the proper court. Usually, you can sue a defendant where the defendant resides, where the action arose, where the contract was made, where the defendant does business and as set forth in various laws. Be sure you are suing the defendant in one of these locations, even if it is inconvenient for you.

Sometimes persons can sue a person in a place convenient to the person bringing the lawsuit. But this can be a risky strategy. If the defendant does not object, the case may go forward and a judgment awarded. However, the defendant may object and ask for a transfer and might receive it if is allowed by statute. Also, it is even possible that the judgment awarded against the defendant may not be valid or may be subject to being set aside by the defendant at a later date. Be sure to follow the rules and find the proper court.

Choosing the right court is essential to get your case started and not dismissed. Both outcomes would be a waste of time and money.