Slightly OT: Making a small claims (memorabilia related)
yankeeno7
Posts: 9,251 ✭✭✭
Im not going to get into the story but I would like to take an individual to small claims. Problem is I am in NY and the person is in California. Am I able to take the person to small claims and not be present? Can it be done by webcam or just correspondence?
Thanks for any help!
Thanks for any help!
0
Comments
It really depends on the amount... If it is worth your time to pursue.
Edited to add: I just looked up California Law and you are NOT allowed to have an attorney with you in Small Claims Court. I guess you WERE referring to California, Sean.
Doug
Liquidating my collection for the 3rd and final time. Time for others to enjoy what I have enjoyed over the last several decades. Money could be put to better use.
If you are suing someone, you must go to court. You will go to court between 20 and 70 days after you file your claim.
You cannot send anyone else (even a lawyer) to represent you in small claims court. But there are some exceptions:
You may not have to go to court if: (1) you are serving on active duty in the armed forces, (2) you were assigned to your duty station after your claim arose, and (3) your assignment is for more than 6 months.
For more information about exceptions, read California Code of Civil Procedure section 116.540 . Also, check out: Authorization to Appear (Small Claims) (Form SC-109).
If you are being sued, you must go to court if you want your side of the case to be considered. If you do not go to court, a judgment may be entered against you. This would be a judgment based on the evidence that the side suing you provided, without you having a chance to provide any evidence.
Barry ... the above was taken from this website.
Doug
Liquidating my collection for the 3rd and final time. Time for others to enjoy what I have enjoyed over the last several decades. Money could be put to better use.
<< <i>Thanks for the help everyone. I guess I'll just be eating this one. Oh well. >>
If this was a deal done via mail, don't forget the possibility of taking the mail fraud route. NO idea how viable that is, but just a thought.
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
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<< <i>Sean ... not sure if you are referring to California Small Claims Court, but in New York Small Claims Court you are allowed to have an attorney.
Edited to add: I just looked up California Law and you are NOT allowed to have an attorney with you in Small Claims Court. I guess you WERE referring to California, Sean. >>
Gotta sue them in their own county
Edited because obviously you are in the same "Country"
Sorry to hear of your grievance Barry.
You are typically best off beginning with a demand letter. Try to avoid court. Between the time and difficulty collecting judgments, it's often not worth the effort.
Here is a decent link. Good luck.
California Small Claims Court