A question of Venue

[Mr_Limpet]

Hello everyone.

Here are the facts:

Question #1

I am the plaintiff an live in Orange County.

Defendant lives, works and signed the contract in Los Angeles County.

The services in which the defendant owes money for was rendered in Orange County.

I would like to file in Orange County. Would that be the correct venue?

Question #2

This defendant is no stranger to lawsuits. He is married and keeps many assets in his wifes name.

My contract has nothing to do with his wife however, can I name her on the suit in order to collect the judgement in this community property state?

 

[Michael Wechsler]

Hello everyone.

Here are the facts:

Question #1

I am the plaintiff an live in Orange County.

Defendant lives, works and signed the contract in Los Angeles County.

The services in which the defendant owes money for was rendered in Orange County.

I would like to file in Orange County. Would that be the correct venue?

Question #2

This defendant is no stranger to lawsuits. He is married and keeps many assets in his wifes name.

My contract has nothing to do with his wife however, can I name her on the suit in order to collect the judgement in this community property state?

1) I don't know for sure but many instances the jurisdiciton of small claims courts may only extend to the county of the defendant. In CA, it seems that the courts have a little more power:

From Orange County Small Claims Court web page:

This is the proper court to file your lawsuit , if one of the following statements are true:

• A defendant lives in this judicial district, or if the defendant is a business that has its principal place of business in this judicial district.
• A person was injured or personal property was damaged in this judicial district.
• A defendant signed or entered into a contract in this judicial district, a defendant lived in this judicial district when the contract was entered into, a contract or obligation was to be performed in this judicial district, or if the defendant is a corporation, the contract was breached in this judicial district.

Los Angeles County Small Claims Court Web Site

The Los Angeles County Department of Consumer Affairs' Small Claims Court Advisor Program provides information and counseling to litigants and potential litigants concerning all aspects of the Small Claims Court process, including case preparation, collection, venue, appeals and more. Call (213) 974-9759 for 24-hour recorded information or to speak with an advisor between the hours of 8:30 a.m. and 4:30 p.m.

2) Unfortunately there is little you can frequently do. If it's a small claims court case then you will probably not need to worry about this. Chances are you can do other things if he won't pay - garnish wages, find a bank account which contains his money, etc. Take one step at a time...

Best of luck to you in court.