Legal Question in Civil Litigation in California
Hi, I ordered and paid for a credit repair service with a company who was advertising all over craigslist here in Los Angeles. They're based in Chicago and still has a website and everything. Supposedly, they are a licensed Illinois credit repair agency. Anyway, I did not receive any services from them and would like to sue them in small claims to get my money back. Can I sue them here in LA or do I have to do it in Chicago? I'm asking because I'm wondering if there is enough "minimum contacts" with California for them to be under the personal jurisdiction of the courts here. I tend to think so because they advertised here in LA. Thank you.
3 Answers from Attorneys
Yes, there would be minimum contacts as they advertised here, therefore purposefully availed themselves of the jurisdiction in California. Collecting on a judgment might be a different issue, though.
It sounds like they have enough minimum contacts, but that is not the end of the analysis. When you signed up for their services you probably signed a written contract, or least agreed to terms that were presented in writing on your computer screen. The terms of your agreement probably say that you can only sue the company in Illinois. The courts usually enforce such agreements.
Scams abound. You can file here and give it your best shot. You have nothing to lose but some time and a filing fee.
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