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In which court is filing proper?

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If I understand correctly, if I am a resident of one state and I want to bring civil suit against a corporation of another state then I have an issue of diversity jurisdiction of citizenship. This can be resolved by filing in a U.S District Court.

Title 28 of the U.S. Code goes on to say...

(a) A civil action wherein jurisdiction is founded only on diversity of citizenship may, except as otherwise provided by law, be brought only in

(1) a judicial district where any defendant resides, if all defendants reside in the same State,

(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or

(3) a judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought.

The only reason I am in a U.S. District Court is because of diversity jurisdiction of citizenship. Which means I could file in my local district because of item 2.

However, Congress has placed an amount in controversy requirement of $75,000 regarding cases in U.S. District Court. My complaint does not seek that much in damages, thus it would be remanded to a lower court. Since my local lower courts would not have juridiction over a person or entity who is domiciled in another state, does that mean I must file my complaint in their home state or local court?

Thanks for the clarity. I don't want to waste time seeking suit in the wrong court.

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I don't know what your cause of action is, but it's quite likely that jurisdiction is proper in your county court. From the South Carolina Rules of Civil Procedure:



(a) A civil action may be filed in any magistrates court in the county in which at least one defendant resides or where the most substantial part of the cause of action arose, except that civil actions against domestic corporations may be filed in the county where such corporation shall have its principal place of business.

(B) A civil action may be filed in any magistrates court in the county in which the plaintiff resides or where the cause of action arose when the defendant does not reside in this State and jurisdiction is based upon S.C. Code Ann. § 36-2-803.

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Thanks for your help with this.

I am filing a complaint based on violations of the FDCPA and the FCRA and seeking damages outlined therein. I believe I have my case and complaint down cold. I just wanted to make sure I could file against a JDB in Illinois from my domiciled residence in South Carolina.

Thanks again.

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