Legal Question in Credit and Debt Law in California

Small Claims Filing

We need to file a Small Claims for $3750. The Defendant lives/works in Nevada and we, the Plaintiff, live and work in California. Where to we file - Nevada or California?


Asked on 2/27/07, 2:11 pm

2 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Small Claims Filing

You could file, but you cannot serve the lawsuit outside of California. You should read this: http://www.courtinfo.ca.gov/selfhelp/smallclaims/serve.htm#servedefendant which is from the Court website.

If you want more information on small claims court, email me for my free ebook on small claims court. You can email me at [email protected]

Good luck.

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Answered on 2/28/07, 10:52 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Small Claims Filing

It depends on what's more cost effective. First, the defendant will have to have ties to California to submit to California's jurisdiction. If the obligation occurred in Nevada, and there are no such times, then that's the only place.

Assuming such ties exist, then you can sue in CA, but when you get a judgment, you'll have to find a NV attorney to open a sister-state case to enforce it. It probably would make sense, then, to plan another trip to NV and have the trial at that time.

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Answered on 2/27/07, 9:03 pm


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