Legal Question in Business Law in California

lending

How do I sue in small claims court if the company is located in Utah but the paper work was signed in California?

In which state should I file in?

Ho do I serve someone in another state?


Asked on 3/09/08, 12:19 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: lending

You may have to sue them in Utah, though if I knew the terms of the contract I might see a basis on which to sue them locally.

If you can sue in California you should be able to serve the defendant in Utah via certified mail, though to whom the mail should be addressed may be a difficult question. If you have to sue in Utah then the manner of service will be determined by Utah law.

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Answered on 3/09/08, 3:31 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: lending

Signing a contract in California might give jurisdiction to the California courts, especially if both parties were physically present at the signing, or if the contract said jurisdiction of disputes was to be in California. Unfortunately for you, the jurisdiction of California small claims is further limited; unless the suit involves California real estate or an accident that happened in California, you would have to serve the defendant in California. This would require that the company, if it is a corporation or LLC, have a registered agent for service of process in California. Service cannot be effected by mail.

So, you need to see (from the Secretary of State's Web site at www.ss.ca.gov then go to the business portal and do a name search) if they have an agent here. If not, you are likely limited to suit in Utah.

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Answered on 3/09/08, 5:37 pm


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