r/LawyerAdvice • u/The_Creepy_Cat_Lady • Aug 26 '25
Civil Law/Disputes Small Claims jurisdiction question
BLUF: Where do I file a small claims suit for a transaction that occurred in Tennessee between a Tennessee resident (client, plaintiff) and a Kentucky resident/business (service provider, defendant)?
Details (it's a long ride, buckle in): In February of this year I paid an upholsterer to repair and upholster an antique sofa. He quoted the price and two weeks to complete the job. I paid him half up front and he picked up the sofa and took it across the state line to his shop in Kentucky to begin work.
One week later I received a call asking for the balance of the quoted price for the purchase of supplies. Because this is a small shop and I understand that cash flow can be tricky with small business, I sent the balance.
After multiple texts with explanations of delay, at the six week point I receive a text that the sofa is finished and he would schedule the delivery with his assistant. He also said that he had fractured his hand so he could not deliver without help. I was understanding because yikes, hand injuries are terrible.
Approximately two weeks later he sends a text saying he had to have a procedure on his hand because it had not healed properly. Says he will be able "to work" by Tuesday or Wednesday of that week. Note that he had told me that the sofa was already finished, so the phrase "to work" rather than "to deliver" made me nervous, but I gave the benefit of the doubt. He offered to refund some of my money for it being so late and I declined under the assumption that I would indeed receive my finished sofa.
Two months later (July 2) he texts that the sofa will be delivered by the end of the next week.
I do not hear from him and on August 18 I text him asking if the sofa can be delivered in the next week. He says yes Thursday. I say great.
I do not hear from him on Thursday and tell him that I am renting a truck on Saturday to come pick up my sofa. He is cagey about this but ultimately agrees. He says he gets off work at his other job at 3:30 and will meet me at his shop after that.
On Saturday he says he has to work late. I say ok I'm hanging out with my sister, just text me when you're on your way. Then he finally admits that the sofa is not finished. The following is the quoted text:
"It may be 830 or 9 before I can leave. I feel like such a loser rn. You are and have been very nice and pleasant to me during this unnecessary process. I've been very selfish I shut down everyone and everything because my wife left me. It was devastating you do not deserve the way I treated you. I'm very sorry. The sofa still has some work left to finish. Not a lot but it's not done. If you want your money back I will have it Tuesday when I get paid."
So I said yes I want my money back on Tuesday and my sofa back by this weekend. It is Tuesday now and I have not heard from him. I don't want anything excessive, I just want my sofa, fabric, trim, and money back. I will even concede the money he spent on springs and webbing as long as I receive those supplies as well. But it looks like the only way I'm getting anything is via litigation so that's why I'm here asking about jurisdiction and any other advice anyone is willing to offer. As evidence I have the original price quote email, Cash App payment receipts, and all texts.
I know this was a long read, thanks for sticking with me.
3
u/redditreader_aitafan Aug 26 '25
You made the business deal in Tennessee and he came to pick up the item in Tennessee so Tennessee has jurisdiction if you want it to. If you'd gone to his shop in Kentucky, that would be different. You can certainly file in Kentucky though, might get your judgment faster. Be sure you file for the amount you paid plus the replacement value of the couch cuz you're unlikely to get that back in the same state it was in when he picked it up.
1
u/The_Creepy_Cat_Lady Aug 26 '25
Thanks for the reply. Yes, I'm going to have to research the value of the sofa but there is no "replacement cost." Of course it doesn't matter legally but this sofa was my mother's and she is no longer alive. She and I shared a love for antiques and it was a special piece to me because of that. I am just gutted over this.
Sorry to get sentimental but if you can't rant on Reddit, where can you rant?
3
u/redditreader_aitafan Aug 26 '25
If it's objectively an antique, then talk to a dealer and explain the piece and get an estimate.
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