Legal Question in Civil Litigation in California

out of state

can you take a person out of state to small claims court. do you file in your state or thiers?


Asked on 1/31/04, 12:43 am

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

Re: out of state

It depends where the incident happened, where the contract was to be performed, etc. If, for instance, the car accident occurred in California, then it is okay to bring suit in CA. If the contract were to be performed here (i.e. the other party agreed to provide you with services here), that too is alright. However, if the contract specifies that the place of suit is elsewhere, then you probably would have to sue elsewhere, pursuant to the agreement.

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Answered on 1/31/04, 5:23 am


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