Legal Question in Credit and Debt Law in California

I am about to settle a debt from a 2nd mortgage forclosure from 2007. The house was forclosed in Wisconsin but I live in California now. When I sue the other resident in the house, can I file small claims in California or must I go back and file in Wisconsin? And if I have to file in Wisconsin is there a way to do it long distance?


Asked on 2/14/11, 2:12 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I do not practice in Wisconsin, nor am I licensed there so I cannot advise you with respect to WI law. I can tell you, however, that the proper place for the suit is both the place where the event took place (where the house is located that was foreclosed) and/or where the defendant (the other party) now lives. Everything points to Wisconsin. You may be able to file the lawsuit via the Court's website, or through an attorney service in Wisconsin, but you will eventually have to travel there for any trials or hearings. You may want to talk to counsel in Winsconsin about representing you in the lawsuit - it could dramatically reduce the cost of travel back and forth for everything from status conferences to motion hearings to depositions to the actual trial.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 3/29/11, 12:08 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California