How Do I Present My Case In Small Claims Court If I Can't Be There?

Question

I'm being sued in California
I now live in North Carolina

Answer 1

Where did the cause of action happen? Unless the cause of action happened in California, or you were a resident of that state at the time the cause arose, a California court does not have
jurisdiction over you, because you are now a resident of another state. Only two types of venue: defendants residence, or cause of action.
Now, there are a couple of exceptions to that general rule. First, if you were in California for whatever reason, and you were properly served with a summons and complaint there, then the court has jurisdiction and may here the case. Another thing that a plaintiff can do is called service by publication. If the plaintiff has made a good faith effort (usually at least two attempts) to serve the adverse party, service can be done by publishing the date and time of the trial in a newspaper of general circulation for a once a week four week interval.
Are you the proper party? In other words, are you responsible in whole or in part for the damages claimed? If not, you can make either of two arguments to the court. First is called
Failure to state a cause on which relief can be granted. Here, you are saying that the wrong party has been sued. Second, you can argue forum non conveniens, which means that it would be a
hardship for you to have to travel so far to defend yourself. If you are not responsible, you can also consider a document called a
demurrer, which says that even if everything in the complaint is true you are the wrong party because you didnt do anything. Un
fortunately, the only time that someone else can appear for you is where one spouse appears for the other where they are co parties, or if you hire an attorney, which is not allowed in most states.
An important point to note is that a judgment can be attacked for lack of jurisdiction if a court not having jurisdiction over the defendant issues such a judgment. But, as a general rule its better to appear and be heard, because that preserves the right of appeal, and certain other procedural safeguards. Also, under the so called "Full Faith and Credit Doctrine" a judgment from another state can be honored in your state if the plaintiff shows good faith compliance with all the rules. So, although it generally isnt done to hear a case without one of the parties it does happen.
I suggest that you call the clerk of the court and explain the situation to them.

Answer 2

How do you know you are being sued? Who is sueing you? Did they serve you in North Carolina or Cali? Depending upon the case Cali may not have juridstiction over the case, where you can file an answer basically stating that along with a motion to dismiss.

Answer 3

Basically what Argy stated, but to add... Everything you need is in Cal Civil Code 1950.5. At a minimum, you will need to prove that you paid a deposit. That can be proven by a notation on the lease, a receipt, perhaps a canceled check, or whatever. Without that, you will have no case whatsoever. Logic, e.g., "I don't have proof I paid a deposit, but logically, who would rent something out without a deposit..." will not work. California law allows treble damages for wrongfully withheld deposits. That means that if the landlord wrongfully withheld $200, you can legally be awarded $600 total. That's in 1950.5 too.

Answer 4

If you don't show up, the person suing you will receive a default judgment and can then take steps to collect the debt such as garnishment of you wages, levy of your bank accounts, or confiscation of personal property to be sold at auction to recover the amount of the judgment.
Also, you cannot have an attorney represent you in small claims, you have to be there yourself or loose.

Answer 5

try a motion to cancel the case because they are supposed to sue you in the jurisdiction in which you reside ( unless it is real estate case)
maybe you can send an affidavit setting forth your defense, or give a power of attorney to a friend there to represent you.
the court likes to see the real people in small claims cases. so your best bet is to challenge the jurisdiction.

Answer 6

One word, Affidavit.
You won't get a chance to rebut, but at least you'll be represented. Contact the District Attorney's office where the court is.

Answer 7

Contact an attorney. You may have to file a motion to dismiss this case in this jurisdiction and have the plaintiff file in your jurisdiction. If this is not possible, an attorney can speak on your behalf. It is best if you can be there in person.

Answer 8

You either get to California or you loose the case! It's not the courts problem, it's yours.

Answer 9

I'm not a lawyer, but I think that you either GO THERE, or don't present your case at all.

Answer 10

have the illegal alien who stole your idientity go there for you