Legal Question in Civil Litigation in California
small claims issue: venue in suing because of money owed/sales contract
A client has successfully bid in my auction but has not paid for merchandise (sum is under $5000). Conditions of sale (client signed to abide by them) explicitely state that a client has to pay prior to receiving merchandise; within two weeks after the auction; etc. Several written reminders have been sent (return receipt).
Problem: In a similar case, I have taken a client to small claims court and won. In this case, the client lives in a city 6 hours away from my business location/venue of the live auction. Client submitted bids by "Absentee Bid Form" (signed and dated) via regular mail.
Question: can I legally sue client in local small claims court or do I have to file claim where the buyer lives/signed the contract, i..e. six hours away? i don;t want to risk that the case gets thrown out--and it is clear that client would not appear in court. Is there a more efficient way? Hiring a lawyer where client resides? THANKS for any info.
1 Answer from Attorneys
Small Claims Venue Question
Your question is based upon venue. Small Claims allows you to file where the transactionoccurred. In your case that is in your local area. You may also file where the defendant lives.
It is your choice...
You may want to file in the defendant's town. This may limitthe defendant's argument as to a hardship to appear for trial.============================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."=============================================================
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