A business used to have a location in Boston, where I paid in advance for monthly service. However, they closed their location, and kept 4 months of service money from me (amounting over $600). They still have a branch in FL. I have checked the MA small claims court website and I know that I can sue them in MA as I live in the state. However, if I were to win the suit, how is collection enforced if they are in another state?
If they have closed their MA location, you can still sue them for occurrences that happened here, but you would not be able to serve them at their MA location. The proper address for a lawsuit is NOT simply a branch address, it's the formal address maintained with the Secretary of State for the company, or their registered agent. Unless they have a bank account or some other property in MA, a small claims suit might be successful but it would be very hard to collect on. Before bringing a small claim, you should work with an attorney to send a 93A demand letter. Failing to provide services as agreed is a consumer protection violation.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
You can certainly sue them here, but enforcement would be in FL. It may not be cost-effective to sue. Discuss with counsel if you wish to pursue the debt.
The foregoing is for general information purposes and does not establish an attorney-client relationship. Those seeking such a relationship are directed to the contact form on my website.
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