You need to call an attorney ASAP. More than likely, you will need to sue in the jurisdiction that the defendant resides in. Look up a local attorney in California and discuss your situation. The laws are different in each state, and you only have a limited time to begin the suit, depending upon the nature of the claim.
2007-01-20 05:21:37
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answer #1
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answered by lenskid2001 2
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To best help you, first understand that there are two places where a court can properly hear a case. First, where the cause pf action happened (where the defendant wronged you) or where the defendant lives. Depending on those answers, you can determine where venue is proper.
Second, a small claim case is a court of limited jurisdiction. The jurisdictional limit of small claims court in CA is $5,000. If your damages exceed that, you can still sue in small claims, you will just be required to waive anything over the jurisdictional limit of the court. Otherwise, sue in municipal court where the limit is much higher.
So, based on the above, you need to look at where your claim arises, how much it is for, and if you are suing the proper party.; In other words, did the defendant cause your loss?
Now, if your claim arises in your own state, then you can sue there under cause of action venue. The trick is, unless the defendant is a business doing business in your state, if you are
contemplating suing a private party they must be in the forum state in order to be served with the summons and complaint.
See Pennoyer v Neff, International Shoe v Washington, etc.
That being said, if you get past the above issues, if you prevail against a citizen of another state, you will have issues regarding collection of your judgment. The court will issue a writ of execution 30 days after the judgment, and when that happens you will be free to attach whatever property that the defendant owns, either solely or jointly. This is possible under the so called "Full Faith and Credit" doctrine by which states honor each others judgments.,
2007-01-20 05:33:56
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answer #2
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answered by Jeffrey V 4
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