Legal Question in Consumer Law in California

Auto transport company didn't deliver my car and they're clear across the countr
I hired an auto transport co. to ship my car. I entered into a verbal agreement with company rep (never signed anything, but have email records), paid a deposit and the car never arrived. The company is located across the country and my application to file against them in court in San Diego was returned because the company has no agent here in this county.

The following is my understanding regarding venue.

''The claim may be heard in the county where the contract was entered into... (San Diego), where the contract was to be performed by the defendant (San Diego), or where the plaintiff is entitled to receive payment (San Diego), unless the claim arises from a consumer purchase.''

Please advise.

Thank you

Asked on 9/03/05, 4:39 am

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

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Re: Auto transport company didn't deliver my car and they're clear across the co

Small claims clerks in California are sometimes hesitant to take a filing of a small claims on an out of area defendant. They always try to get you to see the small claims advisor first. This is particularly true in San Diego County.

If you can take the filing to clerk's office, tell them you consulted an attorney who said to make an "on demand" filing and the will accept the suit for filing. Feel free to contact my office if you need a process server to serve the lawsuit or if you need help collecting the judgment.

Answered on 9/03/05, 10:14 am

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