Legal Question in Civil Litigation in California

Interstate Small Claims Court

My son had an accident at daycare on 10/31/07 and I was called at work to take him to the emergency room. My insurance paid most of the bill, and I filed a claim with the daycare's insurance for the remainder of the bill. I lived in Arkansas at the time. I moved to California in 4/08. The daycare's insurance sent me a letter in 4/08 stating that the claim form had not been filled out properly by the daycare. I have contacted the daycare many, MANY times (phone and email) and have been told repeatedly that they will complete and fax the form. It is now the end of 8/08 and the form has still NOT been completed and faxed. I will be paying the hospital bill this week to avoid collections. The amount due is $180. Can I sue in small claims court in California or do I have to travel to Arkansas for court?


Asked on 8/27/08, 4:36 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Interstate Small Claims Court

You have to sue in Arkansas. This dispute arose in Arkansas between an Arkansas resident and an Arkansas business. No other state has any interest in adjudicating it. The fact that you moved across the country does not mean the daycare center has to follow you in order to defend itself against your claim.

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Answered on 8/27/08, 2:25 pm


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