Where do I file lawsuit?

[darkpsy]

What is the name of your state (only U.S. law)? PA

My business is located in PA. We did custom graphics work for a company in California. The total amount of the invoice is $1,500. My question is, where do I file the lawsuit? In my area, or California?

[seniorjudge]

Q: My business is located in PA. We did custom graphics work for a company in California. The total amount of the invoice is $1,500. My question is, where do I file the lawsuit? In my area, or California?

A: File in California. If you file in your state, then you must be able to latch on to assets they have in your state (if you win). I doubt they have any assets in your state.

[darkpsy]

Thank you very much seniorjudge. Is it possible to get a waiver for the filing fees? Also, the business is located in Marina Del Ray, CA; in what court would I file in CA?

[Zigner]

Originally Posted by darkpsy

Thank you very much seniorjudge. Is it possible to get a waiver for the filing fees? Also, the business is located in Marina Del Ray, CA; in what court would I file in CA?

Filing fees are dirt cheap. No need for a waiver. (This is a small claims matter)

[Chien]

Enter the city and zip code and you’ll be given the filing court:
[url]http://www.lasuperiorcourt.org/filingLocator/UI/filingSearch.aspx[/url]

The filing fee is $180 for limited civil (>$10,000) and $30 for Small Claims up to and including $1,500 ($50 for claims up to and including $5,000). You won’t qualify for a fee waiver, but the question of whether you’re both corporations is an important one that could bear on your strategic considerations.

A corporation can’t appear in a higher court except through licensed counsel. If my company wasn’t a corporation and I was suing a corporation, I’d pay the $180 fee and not file in Small Claims. Reasons:
a) I don’t want to travel from PA to CA. In Small Claims, I must. In a higher court, I could get a default.
b) In a higher court, the corporate defendant must also pay $180 to respond and must hire an attorney to do it. That’s going to cost more than $1,500, so I’m betting that they choose either to default or pay me instead of responding.
I can’t take that gamble in Small Claims, but it would be a gamble. If they decided to spend $3-5,000 to defend a $1,500 case, I’d have to decide whether I wanted to continue or dismiss.

If you’re going to file in CA on a $1,500 debt, think about your total costs before you act. You can’t recover the travel costs.

[darkpsy]

When you say "Higher Court", do you mean a Civil lawsuit instead of Small Claims?