mardi 30 mai 2017

Jurisdiction and Venue: I'm the Plaintiff and I Moved Out of State -- Can I Sue in My New State

My question involves court procedures for the state of: Utah and/or Arizona

I purchased a mattress from JC Penny online while living in Utah. It turned out to be incorrectly labeled. They claimed it was a "plus" model when it was really a "standard" model.

I contacted the mattress manufacturer and they confirmed in writing that the mattress they sold me was not as described.

JC Penny refused to replace and/or refund without a significant restocking fee. I gave them notice of intent to take legal action unless they remove the item from my property and refund all my money and they did not comply.

Before I submitted a motion to Utah small claims, I moved to Arizona. I was previously a resident in Arizona and only lived in Utah for 4 months.

I can't travel to Utah just for this small case matter -- it's less than $1000. Is there a way I can sue in Arizona?

I was thinking if I contact JC Penny and ask them for a return, they'll pick it up and charge me a restocking fee. At that point I am hoping I can sue since the actual damage happened while in Arizona despite the whole matter originating while in Utah. Is that a reasonable tactic?

Any help would be greatly appreciated.

Thank you,
Sativo


Jurisdiction and Venue: I'm the Plaintiff and I Moved Out of State -- Can I Sue in My New State

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