Legal Question in Civil Litigation in Arizona
The "right place" to file a small claim.
I live in California. Over the phone, from California, with deposit by credit card, I contracted to rent a recreational product for use in Arizona. A the time of use I signed the contract in Arizona, used the product off and on in both Arizona and California and returned the product to Arizona. A dispute over the use of the product has occured. Can I file a small claim in California or do I have to file in Arizona?
1 Answer from Attorneys
Re: Proper venue
It could be argued by both sides that the proper venue for the lawsuit is in one state or the other. Since you are in California I would recommend that you file suit in California and let the defendant argue that venue is in Arizona. Since you made the verbal argreement in California you can site that as your reason for filing in California. If you think your claim is more than $5,000 but do not know how to file a lawsuit in Superior Court please feel free to contact my office. I offer free, no obligation consultations. Please feel free to email me or contact me by phone, toll free at 877-546-9918. I hope everything works out without my additional help, but if you have any questions please don't hesistate to contact my office.
Sincerely,
John Hayes, Esq.