My question involves court procedures for the state of: Pennsylvania.
The company I work for, based in Texas, did some subcontract work for a company based in Verona, PA. The worksite was also in Texas, at a university. When we mailed the final invoice to the company for which we did the work, they strung us along for months saying they would pay as soon as they got their accounting department in order. Months later, when we sent a demand letter (by certified mail) saying we would pursue legal action if we weren't paid, they came back with an email saying we owed them money, and if we didn't pay them, we would be subject to litigation. We didn't show any open invoices, and we had never before heard anything about owing them money. We received a notice in June saying we were being sued in a civil court in Pittsburgh, PA. The civil complaint was filed on June 10, 2016, but it wasn't delivered until June 30, 2016 (by certified mail). Because we were closed for the July 4th holiday, my GM didn't receive it until July 5, and the hearing was scheduled for July 14. The notice said we had to appear at the hearing in Pennsylvania or we would receive judgment against us by default, or that we would have to file a complaint at that PA office 5 days before the hearing. My GM did not appear, and so the judgment was filed against us.
My question is this: was this suit filed in the right county? I thought the suit had to be filed in the defendant's county or the county in which the contract was made (both of which would have been in Texas). With such a short time frame, how were we supposed to appear in court or file a complaint states away? The complaint shows that the plaintiff (the company in PA) sent a demand letter, but the "letter" came by email, and I thought it had to come by certified mail to be valid.
If it was indeed filed in the wrong county, is there an appeals process that does not involve appearing at the office in PA?
We were taken advantage of by this large company, and I'm wondering if there is anything we can do at this point. Or if we have to just suck it up, pay the claim amount, and be a casualty of not understanding the legal system. Sincere thanks for any insight.
The company I work for, based in Texas, did some subcontract work for a company based in Verona, PA. The worksite was also in Texas, at a university. When we mailed the final invoice to the company for which we did the work, they strung us along for months saying they would pay as soon as they got their accounting department in order. Months later, when we sent a demand letter (by certified mail) saying we would pursue legal action if we weren't paid, they came back with an email saying we owed them money, and if we didn't pay them, we would be subject to litigation. We didn't show any open invoices, and we had never before heard anything about owing them money. We received a notice in June saying we were being sued in a civil court in Pittsburgh, PA. The civil complaint was filed on June 10, 2016, but it wasn't delivered until June 30, 2016 (by certified mail). Because we were closed for the July 4th holiday, my GM didn't receive it until July 5, and the hearing was scheduled for July 14. The notice said we had to appear at the hearing in Pennsylvania or we would receive judgment against us by default, or that we would have to file a complaint at that PA office 5 days before the hearing. My GM did not appear, and so the judgment was filed against us.
My question is this: was this suit filed in the right county? I thought the suit had to be filed in the defendant's county or the county in which the contract was made (both of which would have been in Texas). With such a short time frame, how were we supposed to appear in court or file a complaint states away? The complaint shows that the plaintiff (the company in PA) sent a demand letter, but the "letter" came by email, and I thought it had to come by certified mail to be valid.
If it was indeed filed in the wrong county, is there an appeals process that does not involve appearing at the office in PA?
We were taken advantage of by this large company, and I'm wondering if there is anything we can do at this point. Or if we have to just suck it up, pay the claim amount, and be a casualty of not understanding the legal system. Sincere thanks for any insight.
Jurisdiction and Venue: What if the Suit Was Brought in the Wrong State
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