In connection with a transaction on eBay / PayPal , the suit may be filed by CA or should be presented in the statement of the accused ? If they occur in CA , the accused will have to travel to the proceedings? Is there a minimum amount that must be sued in small claims judgment ( as far as the law is concerned , no minimal logic) ?
#1RazAnswered at 2012-12-29 14:20:51
As mentioned must file in the state and county where the person lives. The only exception would be if the person you want to sue is a business in California , then you would simply go to the county business is
Also note that it would take at least 2 trips to the state in which you live
First trip would apply
Second trip would be to declare the claims court
Even if you have the trial and the defendant refused to pay , you would have to re 3rd time to start legal proceedings to begin taking property procedures or wage garnishment
None of his other expenses filing fee can be added to the civil action , so unless it's a huge amount that is owed , which would cover the cost of at least 2 trips , meals , transport costs , may not be worth it. Also, if the person has nothing to take, then you can not get anything anyway .
Probably not worth spending your pocket , time and effort to try to collect
#2RimyAnswered at 2013-01-12 18:26:25
First, the answers here show an obvious lack of experience with this.
The other posters are partly right , you have to submit to the jurisdiction of the defendant , unless we are talking about a grievance in which case you can file as mentioned above , or may occur in the jurisdiction where the crime took place . Without knowing the details of the case , I will give an example ,
Someone is Pennsylvania Texas . Someone from California is from Texas . The PA slammed into a vehicle belonging to California . You may file in the proper county in PA , or the appropriate county in Texas , where the accident occurred .
Yes , you can ask for expenses related to the litigation process , and this includes travel expenses . You can even ask for court fees, citations , etc. even if it goes beyond the ceiling amount . I know because I've done .
So say , for example , the maximum was $ 5,000 . You can sue for $ 5,000 , plus the cost of litigation to get the amount of over $ 5000. Just bear in mind that it is the judge how much to give you. They can decide or not decide to give him what he asks . It helps if you show the court that has tried to correct the problem beforehand and only used the court as a last resort . In such cases , it is more likely to get their expenses covered . In cases showing little or no evidence of trying to solve the problem , the court often not given expenditure .
I'd recommend an e-book about small claims calls ,