I am asking for a client of mine. His truck was damaged by another party in tx and his insurance will not subro. so he is taking them to small claims.
2007-08-28 10:48:58 · 9 answers · asked by onebadpenguin13 2 in Politics & Government ➔ Law & Ethics
Actual he can file the suit anywhere but there could not be personal jurisdiction in the place he decides to file the case. If the person who did the damage has ties in california ie property, family, vacations ect then he could make a case of the defendant having ties in Ca...if he is unsure he should just play it safe and file it in Texas
2007-08-28 10:57:33 · answer #1 · answered by tlfluvsgwen 2 · 0⤊ 0⤋
In California small claims practice, the defendant has to be a resident of California. Unless the other party is a California resident, the suit will have be to brought in Texas.
If the other party has contacts with California (e.g. a trucking company that has offices in California and Texas), you could sue in California, but not in small claims court.
2007-08-28 11:29:51 · answer #2 · answered by ChinHoYang 2 · 0⤊ 0⤋
He can file it in California if he wants, but unless the party he is suing has assets in California, he will not be able to collect on the judgment. So Texas may be safer.
2007-08-28 11:18:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You will have to put in a claim where the damage occurred if it's small court...... in your case Texas
2007-08-28 10:55:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He must file in the jurisdiction where the damages occurred (Texas)
2007-08-28 10:52:03 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Texas, in the municipal court that has jurisdiction over the accident area.
2007-08-28 10:56:46 · answer #6 · answered by regerugged 7 · 0⤊ 0⤋
Texas.
2007-08-28 10:52:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋
TX,,,,,where the accident occurred
2007-08-28 10:53:00 · answer #8 · answered by Anonymous · 0⤊ 0⤋
He would have to file it where the accident took place.
2007-08-28 10:52:11 · answer #9 · answered by Hillary 6 · 0⤊ 0⤋