QUESTION
Can a person in Jeffeson County Kansas file a small claims court suit against a person in California?
Asked on May 03rd, 2015 on Business Law - California
More details to this question:
The sheriff's department served the defendant in California and the trial is in Kansas. Is that jurisdiction of the person? If the defendant cannot handle the time and expense to travel to Kansas to defend the matter, can a default judgement be entered and enforced in California?
1 ANSWER
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Doland & Fraade
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Your small claims court matter "may" be enforced in CA. if the contract was entered into here, if a written contract provided for jurisdiction here, if the contract was to be performed here and similar grounds. If it was a single sale or a "transitory" tort (e.g. an auto accident while visitng CA., then under some circumstances it cannot be. Also, CA small claims court prohibits suing out of state defendants and I don't know if Kansas may have a similar rule.
Answered on May 04th, 2015 at 8:14 AM