My question involves court procedures for the state of: Missouri
I have a small claims case in Missouri. I received a motion to dismiss from the defendant citing improper venue per their user agreement. Under the Missouri Merchandising Act, it states:
Missouri statute
"407.025. 1. Any person who purchases or leases merchandise primarily for personal, family or household purposes and thereby suffers an ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by section 407.020, may bring a private civil action in either the circuit court of the county in which the seller or lessor resides or in which the transaction complained of took place, to recover actual damages. The court may, in its discretion, award punitive damages and may award to the prevailing party attorney's fees, based on the amount of time reasonably expended, and may provide such equitable relief as it deems necessary or proper."
So my question is - can I file a motion to have the case transferred to the Associate Circuit Court in Missouri, or do I need to refile the case in Circuit court and let the small claims case go?
I have a small claims case in Missouri. I received a motion to dismiss from the defendant citing improper venue per their user agreement. Under the Missouri Merchandising Act, it states:
Missouri statute
"407.025. 1. Any person who purchases or leases merchandise primarily for personal, family or household purposes and thereby suffers an ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by section 407.020, may bring a private civil action in either the circuit court of the county in which the seller or lessor resides or in which the transaction complained of took place, to recover actual damages. The court may, in its discretion, award punitive damages and may award to the prevailing party attorney's fees, based on the amount of time reasonably expended, and may provide such equitable relief as it deems necessary or proper."
So my question is - can I file a motion to have the case transferred to the Associate Circuit Court in Missouri, or do I need to refile the case in Circuit court and let the small claims case go?
Civil Procedure Issues: How to Transfer a Small Claims Case to Associate Circuit Court
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