Legal Question in Civil Litigation in California

Defendant Sueing Plaintiff In Another State's Court.

I sold some items to a client in Texas. He failed to pay. I sued him in the small claims court in CALIFORNIA. He was served through the Sacramento Sheriff, CALIFORNIA secretary Of States who then served him in Texas. He then tried to have the judge dismiss the Case. He lost. He turned around & sued me in Texas saying that the goods I sold to him were bad. I won the Case in CALIFORNIA.

I wrote to the court in TEXAS informing them that this Case has already been decided in CALIFORNIA and that TEXAS was not the right jurisdiction for this Case since all transactions took place in CALIFORNIA. The TEXAS court went ahead & set a court date to consider my request to dismiss his motion against me.

Californian I counter-sue him for dragging me to Texas? If so, in what court (CALIFORNIA or Texas) & when?


Asked on 6/25/03, 12:29 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Defendant Sueing Plaintiff In Another State's Court.

If you attempt to sue him is the Texan court that would result in your consenting to Texas having personal jurisdiction over you. Thus validating the Texas Case. That is the last thing you want to do. You should either personally or hire a Texas attorney appear in court to contest the jurisdiction of the court

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Answered on 6/30/03, 12:11 am


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