wconstance
Junior Member
What is the name of your state? California
Plaintiff is suing me, claiming she unintentionally overpaid me by some $5000, for funds advanced to her over a period of two years. She lives in San Mateo County and I live in Alameda County. She filed the case in San Mateo County
Small Claims instructions tell the plaintiff to select the county where defendant lives, unless damages have been perpetrated elsewhere. Advances and repayments occurred remotely, via online transfers between branches of the same bank (Wells Fargo), via cashier's checks and online "billpay" checks, a Paypal transfer, an ATM withdrawal, and telephone payments on a cell phone bill.
I certainly never ventured onto her turf in connection with paying or receiving funds, although she ventured onto my turf to receive a loan. My questions are, Is this an improper venue? Do the courts take this sort of thing seriously?
Can I file a motion to dismiss in Small Claims Court? Or do I have to attend the scheduled hearing in order to protest? And if I did, could I avoid trying the case then and there, ready or not?
I have another strong reason to not want to appear in San Mateo as scheduled, as I am a tax business owner and preparer. Plaintiff (who knows that well), scheduled the hearing for April 14th, the day before Tax Day, the busiest day of my year, and so far I've been too busy to prepare properly.
What is the name of your state?What is the name of your state?California
Plaintiff is suing me, claiming she unintentionally overpaid me by some $5000, for funds advanced to her over a period of two years. She lives in San Mateo County and I live in Alameda County. She filed the case in San Mateo County
Small Claims instructions tell the plaintiff to select the county where defendant lives, unless damages have been perpetrated elsewhere. Advances and repayments occurred remotely, via online transfers between branches of the same bank (Wells Fargo), via cashier's checks and online "billpay" checks, a Paypal transfer, an ATM withdrawal, and telephone payments on a cell phone bill.
I certainly never ventured onto her turf in connection with paying or receiving funds, although she ventured onto my turf to receive a loan. My questions are, Is this an improper venue? Do the courts take this sort of thing seriously?
Can I file a motion to dismiss in Small Claims Court? Or do I have to attend the scheduled hearing in order to protest? And if I did, could I avoid trying the case then and there, ready or not?
I have another strong reason to not want to appear in San Mateo as scheduled, as I am a tax business owner and preparer. Plaintiff (who knows that well), scheduled the hearing for April 14th, the day before Tax Day, the busiest day of my year, and so far I've been too busy to prepare properly.
What is the name of your state?What is the name of your state?California
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