Legal Question in Business Law in California

small claim

A person in Canada owes me $4200.00. Can I sue him in a small claim court in California where I live? We have the contract conducted in Los Angeles, California. Hopefully somebody can help me with the answer.

Thanks


Asked on 11/28/01, 12:52 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: small claim

Yes, you can sue someone living in Canada in a California small-claims court for breach of a contract which has strong ties to California such as being made here or to be performed here. You must serve the complaint properly and you need to give some thought to how you will collect on your judgment if you win. For detailed advice on how to prepare, serve, plead and collect on a small claims suit, see your county small-claims advisor (ask the clerk of the civil department at the courthouse) and/or read a self-help small-claims law book (try library or any well-stocked bookstore).

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Answered on 11/28/01, 1:56 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: small claim

Yes, as long as the contract was signed and was to be performed in Los Angeles, you can sue in small claims court in Los Angeles County. However, serving the complaint on the person you are suing may be problematic. The court can send the complaint certified mail, but if the person refuses the mail, you will have to have them personally served. If that is the case, you will have to have a local constable serve the complaint, and that may not happen, if at all, in sufficient time before the hearing on your complaint is to occur.

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Answered on 11/28/01, 1:58 pm


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