Defendant has moved to another state

What is the name of your state?California

Is it possible to file a small claims action against a person
who has moved to another state.?

It is a breach of written contract action that took place
in California.

Would service by a process server in the other state be required.?

Thanks for any help that can be offered.

Jerry F

rsfre said:

What is the name of your state?California

Is it possible to file a small claims action against a person
who has moved to another state.?

It is a breach of written contract action that took place
in California.

Would service by a process server in the other state be required.?

Thanks for any help that can be offered.

Jerry F

Click to expand...

My response:

Assuming that the breach took place within the last 4 years, the defendant is under California's jurisdiction because the contract was entered and performed in this State; i.e., Minimum Contacts with California.

If that's the case, then Service by mail on persons outside California is effective without a Notice and Acknowledgment of Receipt form; but process must be sent by certified or registered mail with return-receipt-requested. [Ca Civ Pro § 415.40]

Service by registered or certified mail with return-receipt-requested is sufficient for defendants outside the state (i.e., no separate acknowledgment of receipt). [Ca Civ Pro § 415.40] But, in such cases, jurisdiction cannot be exercised unless the nonresident has had "minimum contacts" with California.

IAAL