Legal Question in Business Law in Missouri

Re: dismissal on a wrong venue case

I had a similar problem once myself.

You don't state why the customer has sued you in small claims court in Missouri. But, what you need to do is have an attorney challenge jurisdiction in this matter. If a judgment is obtained, it will need to be domesticated here in CA before it can be acted upon here. You can collaterally challenge the judgment at that time.

Let me know if you want to consider getting assistance on this. I assume business interest would justify having this correctly and efficiently handled so that you can attend to you business other needs.

Re: dismissal on a wrong venue case

Ana, your question is a bit confusing, as it appears to have omitted some pertinent details. However, if by making some assumptions, I understand you correctly, you seem to be asking what you can do to get a Missouri small claims judgment against you dismissed that involves your sale of a mail order item(s) to someone that resides in Missouri. If this is the case, I recommend one of two options: (1) contact a Missouri attorney (or an attorney in California that can direct you to a Missouri attorney) to take a more detailed look at the facts and procedural history of your case. This is the best option, and if you are diligent in looking around, you should be able to get someone that will give you a free initial consultation about your case and its pros and cons; (2) wait for the person in Missouri to try and enforce the judgment against you in California, and contest the case if and when something is filed here. This is the riskier option because your chances of nullifying enforcement of an out of state judgment in California are dependent on what, if anything, you did that would be adjudged as a "formal appearance" in the Missouri case. Additionally, attacking jurisdiction and venue after the fact is typically a more difficult proposition (from a legal procedural standpoint)than dealing with it in the original jurisdiction. However, traveling to Missouri may not be something you want in your universe of possibilities, so challenging in California is your fall back position. Either way, a consultation with an attorney is highly advisable at this stage.