Someone wants to sue me in Small Claims court in CA. I live in FL. I sold them a custom job and spent a lot of time processing their order, 1 year of dealing with them before coming to a sale. The third day after the sale they recinded after already wiring the money because the wife found someone else local. I refunded all but what I documented as fair to keep for my time documentation, drawings and phone calls. Their lawyer threatened me and I sent him my break down. I Never heard another word from them or their lawyer for 6 months. Now they want to take me to small claims court and tell me I have to fly out there. My understanding is you can only sue in small claims with CA. Can anyone tell me if this is true? What is the law there? Need to know ASAP. Thanks so much, new here.
Talk to a lawyer. Find one with free consultation. Shoud take him few minutes to tell you if they can do anything.
Here's the deal. In order to go to small claims court they must prove that they served you with the notice. The defendant must be served in California. There are two exceptions, but they don't apply here. Even if that wasn't the case, a defendant does not have to go to court in small claims (you could submit documents by mail). Now, there may be other legal remedies they could try, but it sounds to me that either you're getting a bogus letter and there is no lawyer involved or the lawyer is just trying to scare you into paying. Here are some links that will help you: http://www.courtinfo.ca.gov/selfhelp/smallclaims/ http://www.scselfservice.org/small/plaint/servetxt.htm From: http://www.imc.org/imc-spam/smallclaims.html about 2/3 down the page.
Bluegrass special, Thanks, I'm with you. I saw this also on one of the sites I searched. They had a lawyer in the beginning and once the lawyer received my break down that was it, I never heard another word. She's just calling my bluff I believe. Thanks for your time.
mcgauley10, good advice. I think if I get a registered letter I just won't except and if I don't except they can't serve me. HA! I don't think they can sue out of state in small claims from what I've read. But thanks for your time.
my advice was pointing to the fact that they have to track you down to make you pay, not the courts. Also, as it is a small amount, no one in their right mind would track you down, hire a lawyer, and sue you again to recieve the money as the cost of getting it off of you is greater than the payout people find it impossible to collect on small claims payouts from people in the same state, let alone from someone across the country
My Californians that want to take me to small claims must be desperate for money. First she called and gave me 24 hours to call her back. Then she called this morning and gave me two hours to call her back. Then tonite it was another 24 hours. She keeps leaving measages like "lets talk about it, it's gonna cost you more than it cost me, I'm sure we can work something out". I've just decided I'm calling her bluff. If she can't serve me she can't sue me. They accepted the refund I gave them several months ago, cashed the check, their lawyer quit calling and that's it! On to a new adventure with a new customer. "Lifes like a box a chocolates, you never know what you're going to get".
next time she calls just tell her your lawyer is preparing a harassment suit. That ought to put a speedy end to her contacts.
Talk to Jeffery Cohen of Internet Litigators if you need some advice. Chances are her attorney told her she does not have a case. Send her a certified letter asking to speak with her attorney or call the attorney again and see if he / she is still representing this woman. If not, that would be a good indication that the attorney told her she has no case. Or tell the lady you want Judge Judy and have some fun with her