Legal Question in Credit and Debt Law in California
We are a nationwide bartending staffing service, we do most of our business online or by phone, for the most part we do not have problems with our clients, we take a deposit of half before we send out an invoice/receipt, and this has been an accepted practice. however, once in a while we get a client that will pay us the deposit, but then their credit card declines for the balance, after our services have been rendered. we have informed the client by email and phone, of this situation, but no response from either.
i would like to know what kind of legal action i can take here in california, for a client that is in texas. and if i need to add a legal provision to our disclaimer for this problem.
1 Answer from Attorneys
The question is one of jurisdiction. It may be possible to sue in California, but it is not possible to tell for sure. The test depends on, among other things, who reached out to whom. Note that an appropriate provision in your agreement expressly stating that jurisdiction exists in California will almost certainly be honored by the California courts.
The second question has to do with small claims court. There are limitations on how much you can sue for, and how often, if you are a business.
You may wish to consult briefly with an attorney about this issue.
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