Legal Question in Credit and Debt Law in California
Sueing someone in New York, while company in California
Our company name is California Excursions... we provided charter services for 2 companies that are located in New York, but we did the services here in California... the services were in 1998 & 1999, they never paid us, we've called & tried to get them to pay... how can we take them to court, if they are in NY? Do we file a claim here or in NY? Has too much time gone by to file a claim? Small claims limit in CA is $5,000? In NY- $3,000?? What do we do?
1 Answer from Attorneys
Re: Sueing someone in New York, while company in California
You certainly have plenty of nexus for the California courts to exercise jurisdiction in this matter. You will, however, have to convert your California judgment to a New York judgment if their assets for collection are in New York. In New York, you cannot convert an out of state judgment, if it is a default judgment. So, if the defendant does not appear in the California proceedings, you will have to start all over in New York, unless he simply pays the California judgment.