Sat 19 Nov 2005
Court Name: Small Claims Court or Justice Court
Dollar Limit: $2500 (Small Claims Division); $5,000 (Regular Justice Court)
Where To Sue: Where defendant resides. Intentional torts Where act occurred. To recover personal property Where property is. Contracts Where performance expected. Nonresident defendants Where plaintiff resides. Transient defendants Where found.
Service: Certified or registered mail with return receipts requested, sheriff, deputy, court-approved adult or private process server.
Hearing Date: Set by court; within 60 days of the filing of the answer.
Attorneys: Not allowed unless both sides agree in writing.
Transfer: Counterclaims over $2,500 or objections at least ten days before hearing (for right of appeal and jury), transfers to Justice Court. For counterclaims over $5,000 transfer is allowed to Superior Court.
Appeals: Not allowed in Small Claims Division. Allowed in Justice Court.
Special Provisions: Equitable relief available. Defendant must answer within 20 days or lose by default. No discovery. No jury trial. No libel or slander, forcible entry or unlawful detainer, specific performance, prejudgment remedies, injunctions, cases against the state or cases involving ownership of real estate. Right to sue may not be transferred.
Entity to Sue: Sony BMG is a Delaware-based General Partnership with its principal place of business in New York. It, however, does business in all fifty states. The Court should serve a copy of the complaint on:
- SONY BMG Music Entertainment
- c/o Corporation Service Company, Registered Agent
- 2711 Centerville Road, Suite 400
- Wilmington, DE 19808
- (302) 636-5401
Court rules may change at any time. Contact the Clerk of your local Court to verify the accuracy of this information and to get copies of any necessary forms.