Legal Question in Credit and Debt Law in California
Personal Loan Small Claim
I lent someone about $6,500.
The borrower was at the borrower�s office in Los Angeles County, CA, and I was in Orange County, CA - we negotiated and agreed to the terms of the loan through phone and email. After a few monthly payments (made through US mail) the borrower defaulted on the loan.
The borrower is not answering phone calls or emails, nor has the borrower replied to the certified letter I sent.
Which county do I file the claim in? Los Angeles? Orange? Or can I file in the county I now live in (also in California)?
1 Answer from Attorneys
Re: Personal Loan Small Claim
Generally, you can sue where the defendant lives or where the contract was entered into. Here, you probably have a pretty good argument that the contract was entered into in either Orange or LA county. However, if you no longer live in Orange county, I would file in LA county so that the borrower has one less argument to make.
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