I know there has been much discussion about having "home court advantage" when filing in small claims against a CA - here is another issue for discussion (Missouri Statutes) Restrictions on filing of claims--statement required of plaintiff --counterclaim not prohibited--suit may be brought, where. 482.330. 1. No claim may be filed or prosecuted in small claims court by a party who: (1) Is an assignee of the claim; or (2) Has filed more than eight other claims in the Missouri small claims courts during the current calendar year. If the court finds that a party has filed more claims than are permitted by this section, the court shall dismiss the claim without prejudice. 2. At the time of filing an action in small claims court, a plaintiff shall sign a statement that he is not the assignee of the claim sued on and that he has not filed more than eight other claims in the Missouri small claims courts during the current calendar year. 3. Nothing in this section shall prohibit the filing or prosecution of a counterclaim growing out of the same transaction or occurrence. 4. No claim may be filed in a small claims court unless: (1) At least one defendant is a resident of the county in which the court is located or at least one of the plaintiffs is a resident of the county in which the court is located and at least one defendant may be found in said county; or (2) The facts giving rise to the cause of action took place within the county in which the court is located. I live in Missouri. The CA is from another state. No registered agent here. No business here. BUT - would the fact that I live here, sent mail and faxes from here, fall under 4.2? (the facts giving rise to the cause of action took place within the county in which the court is located)? ANYONE?
