Legal Question in Civil Litigation in California
Sold Goods To Customer Out Of State who Refuses To pay
I reside in CA. I had some items to sell. I advitised in the internet. Got a customer from Houston. We exchanged couple of emails. Finally aggreed on a price. Customer picked items from my warehouse. Items worth $2,200. For 4 months, Customer refused to honor my requeest to pay. I went to small claims court. One legal adviser advised that I could sue customer here but have to use a process server to serve him since the sheriff would not do that. The next day, another legal adviser informed me that I could only sue him in a superior court. I am confused. Amount seems small to hire a laywer. What do I do?
2 Answers from Attorneys
Re: Sold Goods To Customer Out Of State who Refuses To pay
Assuming he bought the goods here and took them from your wharehouse in California, you can sue him in California. I know of no reason that you can't sue him in small claims court. Service on an out of state resident can be made by either registered or certified mail, return receipt requested, or by personal delivery, which would require you to hire a process server in Texas. If you use the mail use a plain envelope so it will not be apparent to the recipient that it is from you by looking at the envelope.
Of course, when you get your judgment, you will have to bring enforcement proceedings in Texas to collect. Texas law controls how to enforce a judgment of a sister state in Texas.
Good luck. Next time insist on payment before you release the goods.
Re: Sold Goods To Customer Out Of State who Refuses To pay
I cannot add to anything Mr. Roth's sage advice. Good luck-Martin
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