QUESTION
Can I file a civil suit in PA out of state?
Asked on Jan 10th, 2018 on Civil Litigation - California
More details to this question:
I had a verbal agreement to have a sword made in Dec. 2015 for delivery June 2016. The total cost would be $1500, and I put down a $750 deposit. After not delivering at the agreed to date the project was continually pushed back, though I periodically got in touch for project updates. In June of 2017 I took a job in CA and explained this to the maker that my fiance would remain for 3 more months and would like the project completed before she left. I attempted contact in Dec. 2017 and Jan. 2018 without any return contact. At this point I want my deposit back plus the costs of court, can I file out of state?
1 ANSWER
If I understand you correctly, you're asking whether you can sue the sword maker in California, and that depends on whether he/she has sufficient contacts with California for California to exercise jurisdiction over him/her without violating the Constitution. From what you've written, it doesn't sound like there are any specific contacts, i.e. contacts with California relating to the transaction. The contract was between 2 Pa residents, entered into in PA, and was to be performed in Pa. You may still have sufficient general contacts for jurisdiction, for example if the swordmaker owns property in California, regularly conducts business in California, resides in California for a good part of the year, etc., but it seems unlikely. Also, the amount at issue is small enough that the case would normally be brought in small claims court, but those courts generally have very limited jurisdiction, often limited to residents of the state.
Answered on Jan 11th, 2018 at 12:13 PM