Legal Question in Consumer Law in California

Re: Which State do I File a Small Claims Lawsuit

More details would need to be given. If the agreement was signed in california or if california is where the harm was done, then proper jurisdiction would be in california. However, for faster remedial relief, texas may be a better venue to hear the case depending on the dollar amount in controversy, etc...for a free phone consultation, contact us this week.

Re: Which State do I File a Small Claims Lawsuit

Although I would need more details to give you a final opinion, chances are the contract was legally entered into in California. Therefore, you could legally file in California. However, getting a judgment is the easy part. Collecting is the hard part.

If you get a judgment in California, you can only enforce it in California. If the Texas company refuses to pay, then you would need to register the judgment in a Texas court and enforce it there. If you have to go to Texas, you might need an attorney.

Chances are good, however, that the Texas company will settle with you before trial.

You live in La Mesa, but the court clerk might give you a little bit of a hassle about filing a against an out-of-state company. The might want you to see the small claims adviser. If you do decide to small a small claims action in California, tell the court clerk that you consulted an attorney who advised you NOT to see the small claims adviser and insist that the file the claim for you. They can serve the company via certified mail for an extra fee.