Legal Question in Business Law in California

Re: Small Claims Suit

To file a small claims action, go to your local court, get the Complaint paperwork from the Clerk, fill it out and pay the filing fee. Next, find a process servr where the defendant resides, send them a copy, requesting the perform service of process on the defendant. Wait for your day in court.

Easy...now collecting on the judgment is a different matter...

If you need assistance, please feel free to contact me through my web site at www.CorporateProtectionServices.com.

I have extensive experience with collections actions.

Scott

Re: Small Claims Suit

The problem you face in bringing suit in any California court against a defendant in another state is whether the California court can assert jurisdiction over the prospective defendant.

Your question doesn't give enough information to give you a really confident or certain answer. For example, any of the following might affect whether a California court would have personal jurisdiction over the North Dakota defendant:

(1) Does the defendant regularly do business in California?

(2) Was the breached contract executed in California, or was it to be performed here?

(3) Could the N.D. resident have reasonably foreseen being haled into court in California?

If there are sufficient facts tying the North Dakota party (I assume it is a natural person rather than a corporation, but the jurisdiction rules are somewhat similar), then suit may be brought in California. Otherwise, you'll have to use the North Dakota courts.

In any event, you will have to serve the defendant and then figure out how to collect the judgment.

Re: Small Claims Suit

To add to what Mr. Wipple has provided, is there a nexus (connection) between the money owed and California other than the corporation's principle place of business? The contract having to be performed in California is one basis. Otherwise the jurisdiction may be asserted in the domicile (place of residence) of the defendant. Call me directly at (619) 222-3504.