Legal Question in Real Estate Law in California
Small claims case where def. is out of state (venue)
Sirs,
My wife was involved in an accident where the other party (defendant) damaged our vehicle and two others.
His insurance limits were not enough to cover all the damages such that there is a 3,300 shortfall (in our case). I would like to take the issue to small claims for the $3,300.00. Since he is out of state would he still be required to participate and/or am I being too optomistic about the recovery of monies from judgement.
1 Answer from Attorneys
Re: Small claims case where def. is out of state (venue)
There are two, maybe three, special problems to consider in a small-claims action against someone out-of-state. The first is jurisdiction, the next is entry and enforcement of judgment, and another could be obtaining personal service (of process) on the defendant.
Jurisdiction is presumably proper either in the state where the accident occurred or where the defendant resides. Enforcement of judgment in another state would probably be your biggest problem.
Therefore, I suggest you consider bringing suit in the state where the defendant resides. Check the small-claims rules of that state to see whether the limits would permit a $3,300 suit.
I assume the defendant is an individual who was not driving on an employer's business at the time. If a business has potential liability here, the answer would be somewhat different.
Most small-claims courts have advisers who can give basic advice without charge.
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