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Mn vs. Ca

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brutusburger

Junior Member
What is the name of your state (only U.S. law)? MN

I would like to file a small claim against a client who resides in CA. We are based in MN, the client made a purchase (then lied about not receiving the service via a chargeback which his bank upheld) on our website who lives in CA.

However, it seems I would have to file the claim in CA, not MN. Is this correct?

Help would be appreciated.

Thank you,
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? MN

I would like to file a small claim against a client who resides in CA. We are based in MN, the client made a purchase (then lied about not receiving the service via a chargeback which his bank upheld) on our website who lives in CA.

However, it seems I would have to file the claim in CA, not MN. Is this correct?

Help would be appreciated.

Thank you,


Yes, that is correct. You must file where the client resides.
 

brutusburger

Junior Member
Thank you.

How then, were we sued by one client in Florida, and another in Connecticut?

We have had thousands of clients... you're bound to have a few of these knuckleheads. :)
 

Zigner

Senior Member, Non-Attorney
Thank you.

How then, were we sued by one client in Florida, and another in Connecticut?

We have had thousands of clients... you're bound to have a few of these knuckleheads. :)
Because, on the face of it, the contract was agreed to in their state.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? MN

I would like to file a small claim against a client who resides in CA. We are based in MN, the client made a purchase (then lied about not receiving the service via a chargeback which his bank upheld) on our website who lives in CA.

However, it seems I would have to file the claim in CA, not MN. Is this correct?
It is NOT necessarily correct that the suit must be filed in the state of the debtor’s residence. It depends on the nature of and the geographical circumstances by which the debtor/creditor relationship was created.

If, by whatever means, the non-resident customer placed an order received in Minnesota for goods or services to be supplied by the vendor/provider located in Minnesota, it would constitute the transaction of business in Minnesota.

The consequence being that it would thus subject the customer to the personal jurisdiction of a court in the state under Minnesota's Long Arm Statute. *

However, the complaint needs to be precisely drawn in order to invoke that statute. Plus pertinent court rules may need to be followed with respect to steps necessary for issuing a summons for service outside of state. And these court rules can vary considerably from state to state.

However, just because the long arm statute applies and you can file you lawsuit in Minnesota does not mean it will be practical for you to do so.

Because you would still be put to the complicated task of domesticating the Minnesota judgment in California.

Which involves filing in a California Superior Court an application for entry of a California judgment based on the sister state's judgement; serving the judgment debtor with notice of the clerk’s entry of the judgment, waiting 30-days after proof of service before requesting a writ of execution, resisting any challenges interposed by the debtor, etc., etc.

And all of this would have to be done facing the geographic hurdles.

If it were me, I would turn the account over for collection and hope for the best.


[*] Minnesota’s Long Arm Statute (Minn. Stat. Section 543.19 (1)(b).
 

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