Legal Question in Business Law in California

My company is in CA, and I have an independent contractor employee in Springfield, she used a credit card with a New York billing address to book travel (hotel/airline). After she went on vacation, the credit card was cancelled (fraudulent- there were 6 different counts which shows intent). My company is in CA, and we owe just under $6,100 due to her fraudulent activities, the employee is currently in jail.

1 Can I file a small claims in CA where I have my company? Does it matter that she lives in Springfield and has a cc billing in New York?

2 What papers do I need to put together?

3 Any advice on judgment?

4 What state do I use for bill collector? Can I use a CA bill collector to claim in another state?

If there is anyone out there that can help... please post your contact info so that I can contact you


Asked on 12/04/17, 11:32 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Sorry to hear about this problem.

Small claims court will not work if you cannot serve the former independent contractor in California. Unless the contractor is currently in jail here in California, you'll likely have to sue her in a limited civil action. Even then, there may be a question of personal jurisdiction (i.e., whether she can be sued here).

Your bill collector can be anywhere. There is no jurisdictional restriction for them.

I do not believe that LawGuru allows me to post contact information, unfortunately.

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Answered on 12/04/17, 11:38 am


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