| Small Claims info anyone?
I am curious if anyone knows enough about small claims court and jurisdiction to answer a question for me.
I shipped my Caravanner to the port in New Jersey a few weeks ago, but the transport company delivered outside of operation hours for the exporter. The transporter left the trailer there in the parking lot where anything could have happened to it, or it could have been stolen.
I received a call from the export company manager the next day and was told that the transporter never called her that day until after they were closed, and that the dropping of the trailer in the parking lot was completely unacceptable. She told me she had called another transport company to come in, and move the trailer down to port where it was supposed to be delivered originally. This is going to create a new fee to be paid.
I hired the transporter through U-Ship, and paid a 10% up front deposit. I have been back and forth with this shipper several times, and he will not accept that he was wrong in what he did. He is telling me to send him $185.00 by the 21st or he is filing in small claims court.
He told me that the $185 would turn into thousands before he was done with me, and that he was a law enforcement officer in New York. This transportation was put together from Uship. An online service where transporters bid on shipments similar to on ebay.
My question is, that if I live in Missouri, he lives in New York, and the shipment occured completely in the state of New Jersey...which court has jurisdiction over it? Will I be mandated to dispute this be travelling to New York or New Jersey? I always though you had to file where the defendant resided. Many of you are thinking, $185.00...big deal, but add the fees from the other shipping company I will pay and my fees have doubled or more.
The transporter is not receptive to working it out, and said he will not take less money since he used his time and gas to move the trailer. Although I cannot dispute the fact he did move it from Point A to Point B, he didn't leave it with the recipient who would have directed him on where to put it, or even make contact with them.
Anyone know who would have jurisidiction in this case? If it was Missouri, could the transporter sue for his transportation to Missouri in addition to the $185.00 and court fees?
Thanks everyone.
Steve
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