Legal Question in Civil Litigation in California
Small Claims Jurisdiction
I live in California and loaned money to a person in Ohio. I have a signed note, and the money was sent through the US mail as a check. He has not paid me back; do I have to file suit in Ohio or can I do so in California?
3 Answers from Attorneys
Re: Small Claims Jurisdiction
Depends upon where the written loan agreement specifies; you had one that covered all those issues didn't you?! If it doesn't, you could file in CA and hope for the best. You'll have to properly serve him out of state, not an easy process. You could file and serve him in Ohio, requiring you to go there for court hearings. Tough choice.
Re: Small Claims Jurisdiction
If your agreement does not specify which state laws must be used or where suit can be filed, you have to sue in the state where the contract was made, which may include Califirnia, or the parties reside. But if you sue in California you wil then need to get a sister state judgment to enforce the California decision, so you may spend a large part of those funds to ge little back.
You need to discuss in greater details with an attorney what the facts are,including what the amount of the loan is, as it may not be worthwhile to proceed.
Re: Small Claims Jurisdiction
If your agreement is silent on jurisdiction, then you should be able to bring the claim in California courts. If you want a more definitive answer, you need consult with an attorney.
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