Legal Question in Civil Litigation in California

Small claims court against out of state defendant?

Can I sue in California small claims court a company that I contracted with, which is located in Texas. Services were provided to me the CA client, by email/fax/phone/mail. Contract specifies TX law applies, but silent on where any lawsuits should take place. Thank you for any information.


Asked on 4/06/08, 6:35 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Small claims court against out of state defendant?

Truthfully, it would probably be quicker to sue in Texas. That way, you can just hire someone to enforce a judgment, if any. Here, you'd have to get a judgment, then go to a TX court to open a case -- they could probably challenge the judgment there. And then, if you're successful, enforce it. Too many steps and probably more costly and delayed to file it in CA, unless they hold assets in CA.

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Answered on 4/06/08, 9:07 pm


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