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?
2 Answers from Attorneys
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.
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Good luck.
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.