Legal Question in Credit and Debt Law in California

How do I file a lawsuit against someone who has just moved out of state? I filed small claims thinking all I has to do was to get this person served yet my file was rejected. Told I need to file civil case. I was granted a fee waiver for case however and given a court date yet file rejected.??? Also need to know what type of case this would be. Lent a friend $, has not repaid as agreed. Would that be under credit or some type of contract law?

Asked on 1/20/23, 10:14 am

1 Answer from Attorneys

Timothy McCormick Schneider, Holtz & Hutchison

You don't provide enough information to know why your small claims filing was rejected. The fact that the person moved out of state complicates your case but is not a reason the filing would be rejected. If it was rejected because the amount of the debt is in excess of the Small Claims jurisdiction, then your civil case sounds like a Contract - Other Collections case but again, there is too little information to be sure.

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Answered on 1/21/23, 1:15 pm

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