[justasking]

I'm a self employed photographer and I do work for many out of state clients. I take the pics in my state and ship them to their state. Most pay on time no problem. I'm currently trying to collect on one now 70 days out for about $1,000. Can't even get past their voicemail.

Question: I've been told I cannot sue (small claims) a corporation not located in my home state or if I do the judgement will not be enforceable in their state. True?

Second, if I use some of that same terminology I see on bills I get...

"In the event timely payment is not received for the invoice, the client shall be liable for all costs of collection, including reasonable attorney's fees, whether at the trial or appellate level, plus commissions of at least 20%, plus court costs on all past due balances. Client agrees that venue shall be in (my county, my state). Procurement of our services will indicate your acceptance of and agreement to all policies, terms and conditions as outlined, above."

...on my web site and on my invoices, is it legal and is it enforceable if they hire me under these terms and would that circumvent my problem in suing them in my state?

Is it enough that they hire me under these "posted" terms or must they actually sign a contract for it to be enforceable? I ask this because I see terms like this on bills for things I ordered over the phone and I've never signed anything.

Appreciate any help on this and thanks!

[aaron]

Question: I've been told I cannot sue (small claims) a corporation not located in my home state or if I do the judgement will not be enforceable in their state. True?

If you were to obtain a small claims judgment against them in your state, you would likely have to register it for enforcement in their state (unless they have business operations in your state, against which you could collect) before you could collect the judgment. And they could oppose the registration on the basis that there was not sufficient due process, due to their limited contact with the other state. So it can be tricky.

Is it enough that they hire me under these "posted" terms or must they actually sign a contract for it to be enforceable? I ask this because I see terms like this on bills for things I ordered over the phone and I've never signed anything.

I would suggest making that part of a contract for services, along with a venue clause and choice of law clause, authorizing you to sue in your local county court. When it comes to finance fees, late fees, etc., make sure that any clause you add is consistent with the consumer and usury laws of your state.

[justasking]

Mr. Larson:

Appreciate the prompt reply. Thanks.