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Small claim court rules

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aumrdoc

Junior Member
What is the name of your state? CA

Can a landlord sue me in a small claims court of AL (where i resided once) is I am not an AL resident anymore but CA resident for the past year. Would I be still under AL district court jurisdiction? And if landlord can do that and a court issues a judgement, can it be transferred to CA in order to be enforced? or can a landlord sue me in CA, in which case will CA court accept AL landlord tenant dispute?
 


FlyingRon

Senior Member
If you entered into a lease in Alabama and it is within the SOL you can be sued there. The fact that you have subsequently moved doesn't change that. If you don't show he will get a default judgement against you. It will be harder to collect that if you are residing out of state, but it can be detrimental to your credit reports, etc...
 

aumrdoc

Junior Member
If you entered into a lease in Alabama and it is within the SOL you can be sued there. The fact that you have subsequently moved doesn't change that. If you don't show he will get a default judgement against you. It will be harder to collect that if you are residing out of state, but it can be detrimental to your credit reports, etc...
But can I reply to a court notice that I request the case to be transferred to CA?
 

dcatz

Senior Member
The basis of the suit is breach of a contract made in AL, and the property is located there. You wouldn't be successful.
 

aumrdoc

Junior Member
I uinderstand that the breach of contract was in AL and they can initiate a small claim in AL district court, on the other hand The Defendan's answer form has options for answer, one of them is request to transfer the case to a court where defendand resides. the court cannot ignore my request.
 

dcatz

Senior Member
And I'm not trying to discourage you from ignoring the opportunity.

But the normal considerations for determining a venue challenge include where the contract was executed, where the injury occurred and where the evidence exists. That's all in AL. Your convenience, because you moved, is not likely to take precedence. But the best of luck, if you try.
 

aumrdoc

Junior Member
And I'm not trying to discourage you from ignoring the opportunity.

But the normal considerations for determining a venue challenge include where the contract was executed, where the injury occurred and where the evidence exists. That's all in AL. Your convenience, because you moved, is not likely to take precedence. But the best of luck, if you try.
Thanks for your answer. So if the court doesn't agree to transfer the case to CA, can I send a declaration instead of attending the hearing? Or if its not an option, the judge will most likely issue a default judgement for not showing up. How can this judgement be domesticated in CA court, and will there be any hearing in CA then? And a lst question, as I understand in order for someone to sue me, the plaintiff must have a proof that a notice was deleivered to me meaining if I just don't sign any ceritfied mail or other delievery, they can't sue me? Can AL court order a CA officer to deleiver a notice to me?
 

dcatz

Senior Member
Q. can I send a declaration instead of attending the hearing?

A. You can send it, but whether or not the Court accepts it, it's almost guaranteed you'll lose. If not by default, then because you're not present to testify or be cross-examined.

Q. How can this judgement be domesticated in CA court, and will there be any hearing in CA then?

A. A judgment creditor must apply to have the AL judgment converted to a CA judgment. You'll be served with new papers and a new hearing date will be established. At the hearing, you can assert any defenses you might have had to having the judgment entered in AL (eg. expired SOL), but it won't be a new trial on the merits.

Q. Can AL court order a CA officer to deleiver a notice to me?

A. Here's the AL Statute on out-of-state service. You can decide for yourself if you were properly served.
Rule 4.2 Process: Basis For and Methods of Out-Of-State Service
METHODS OF OUT-OF-STATE SERVICE.
All service of process outside of this state shall be made as set forth below except when service by publication is available pursuant to Rule 4.3. Service outside of this state under this rule shall include service by certified mail and delivery by a process server; and each method shall be deemed to confer in personam jurisdiction. Unless otherwise requested or permitted by these rules, service of process outside this state shall be made by certified mail.
CERTIFIED MAIL.
1. How Served. The clerk shall place a copy of the process and complaint or other document to be served in an envelope and shall address the envelope to the person to be served at that person's last known address with instructions to forward. The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified mail return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. When the person to be served is an individual, the clerk shall also request restricted delivery, unless otherwise ordered by the court. The clerk shall forthwith enter the fact of mailing on the docket sheet of the action and make a similar entry when the return receipt is received.
2. When Effective. Service by certified mail shall be deemed complete and the time for answering shall run from the date of delivery of process as evidenced by the return receipt.
3. Failure of Delivery. If the return receipt shows failure of delivery, the clerk shall forthwith notify, by mail, the attorney of record, or if there is no attorney of record, the party at whose instance process was issued. In the event that the return receipt shows failure of delivery, service is complete when the serving party or the serving party's attorney, after notification by the clerk, files with the clerk an affidavit setting forth facts indicating the reasonable diligence utilized to ascertain the whereabouts of the party to be served, and service by publication is made under Rule 4.3(c).
DELIVERY BY A PROCESS SERVER.
1. When Proper. When the plaintiff files a written request with the clerk for service by delivery by a process server, service of the process and accompanying documents may be delivered to a "person" as set forth in subparagraph (a) of this rule by a person designated by order of the court to make service of process.
2. How Served and Returned. Service herein may be made by any person not less than eighteen (18) years of age who is not a party and who has been designated by order of the court. On request, the clerk shall deliver the summons to the plaintiff or the plaintiff's attorney for transmission to the person who will make the service. Proof of service may be made as prescribed by Rule 4.1(b)(3) or by order of the court.
 

aumrdoc

Junior Member
As I understand methods of out-of-state service can only be performed when there is a basis for out-of-state service exists. The Rule 4.2. establishes it when proper. Since I don't satisfy (A) and (B) requirements (I am not an AL resident nor I have any contacts with AL), the methods of out-of-state service you quoted cannot be performed. Is it right?


Rule 4.2 Process: Basis For and Methods of Out-Of-State Service

Basis for Out-of-State Service.

When Proper.

Appropriate basis exists for service of process outside of this state upon a person in any action in this state when (A) the person is, at the time of the service of process, either a nonresident of this state or a resident of this state who is absent from the state, and (B) the person has sufficient contacts with this state, as set forth in subdivision (a)(2) of this rule, so that the prosecution of the action against the person in this state is not inconsistent with the constitution of this state or the Constitution of the United States, or, the person is sued in the capacity of executor, administrator, or other personal representative of an estate for the acts or omissions of a decedent or ward, and the person so sued does not otherwise have sufficient contacts with this state in that capacity, but the decedent or ward would have been deemed to have sufficient contacts with this state if the action could have been maintained against the decedent or ward.




Q. can I send a declaration instead of attending the hearing?

A. You can send it, but whether or not the Court accepts it, it's almost guaranteed you'll lose. If not by default, then because you're not present to testify or be cross-examined.

Q. How can this judgement be domesticated in CA court, and will there be any hearing in CA then?

A. A judgment creditor must apply to have the AL judgment converted to a CA judgment. You'll be served with new papers and a new hearing date will be established. At the hearing, you can assert any defenses you might have had to having the judgment entered in AL (eg. expired SOL), but it won't be a new trial on the merits.

Q. Can AL court order a CA officer to deleiver a notice to me?

A. Here's the AL Statute on out-of-state service. You can decide for yourself if you were properly served.
Rule 4.2 Process: Basis For and Methods of Out-Of-State Service
METHODS OF OUT-OF-STATE SERVICE.
All service of process outside of this state shall be made as set forth below except when service by publication is available pursuant to Rule 4.3. Service outside of this state under this rule shall include service by certified mail and delivery by a process server; and each method shall be deemed to confer in personam jurisdiction. Unless otherwise requested or permitted by these rules, service of process outside this state shall be made by certified mail.
CERTIFIED MAIL.
1. How Served. The clerk shall place a copy of the process and complaint or other document to be served in an envelope and shall address the envelope to the person to be served at that person's last known address with instructions to forward. The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified mail return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. When the person to be served is an individual, the clerk shall also request restricted delivery, unless otherwise ordered by the court. The clerk shall forthwith enter the fact of mailing on the docket sheet of the action and make a similar entry when the return receipt is received.
2. When Effective. Service by certified mail shall be deemed complete and the time for answering shall run from the date of delivery of process as evidenced by the return receipt.
3. Failure of Delivery. If the return receipt shows failure of delivery, the clerk shall forthwith notify, by mail, the attorney of record, or if there is no attorney of record, the party at whose instance process was issued. In the event that the return receipt shows failure of delivery, service is complete when the serving party or the serving party's attorney, after notification by the clerk, files with the clerk an affidavit setting forth facts indicating the reasonable diligence utilized to ascertain the whereabouts of the party to be served, and service by publication is made under Rule 4.3(c).
DELIVERY BY A PROCESS SERVER.
1. When Proper. When the plaintiff files a written request with the clerk for service by delivery by a process server, service of the process and accompanying documents may be delivered to a "person" as set forth in subparagraph (a) of this rule by a person designated by order of the court to make service of process.
2. How Served and Returned. Service herein may be made by any person not less than eighteen (18) years of age who is not a party and who has been designated by order of the court. On request, the clerk shall deliver the summons to the plaintiff or the plaintiff's attorney for transmission to the person who will make the service. Proof of service may be made as prescribed by Rule 4.1(b)(3) or by order of the court.
 

dcatz

Senior Member
Originally posted by amurdoc
As I understand methods of out-of-state service can only be performed when there is a basis for out-of-state service exists. The Rule 4.2. establishes it when proper. Since I don't satisfy (A) and (B) requirements (I am not an AL resident nor I have any contacts with AL), the methods of out-of-state service you quoted cannot be performed. Is it right?
(I thought the preceding question(s) were stated to be the last.)
No, it is not right, unless the original premise was wrong.
You're being sued by a "landlord". From that, it seems fair to assume that you once were a resident and that the suit even relates to that fact (stop me, when this is incorrect).
(A) pertains to out-of-state service on an individual or entity that once was a resident but is not a resident at the time of the service of process. That seems to encompass you.
 
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aumrdoc

Junior Member
I agree that I can satisfy the requirement A but definately not B (no sufficient contacts with the state). The Rule says only when A and B are satisfied the out-of-state service is appropriate.

No, it is not right, unless the original premise was wrong.
You're being sued by a "landlord". From that, it seems fair to assume that you once were a resident and that the suit even relates to that fact (stop me, when this is incorrect).
(A) pertains to out-of-state service on an individual or entity that once was a resident but is not a resident at the time of the service of process. That seems to encompass you.
 

dcatz

Senior Member
Ok, I get it. To answer your original question, I truncated the statute to the part that appeared relevant. Silly me. Here's the rest:
Rule 4.2 Process: Basis For and Methods of Out-Of-State Service
(a) Basis for Out-of-State Service.
(1) When Proper. Appropriate basis exists for service of process outside of this state upon a person in any action in this state when (A) the person is, at the time of the service of process, either a nonresident of this state or a resident of this state who is absent from the state, and (B) the person has sufficient contacts with this state, as set forth in subdivision (a)(2) of this rule, so that the prosecution of the action against the person in this state is not inconsistent with the constitution of this state or the Constitution of the United States, or, the person is sued in the capacity of executor, administrator, or other personal representative of an estate for the acts or omissions of a decedent or ward, and the person so sued does not otherwise have sufficient contacts with this state in that capacity, but the decedent or ward would have been deemed to have sufficient contacts with this state if the action could have been maintained against the decedent or ward.
(2) Sufficient Contacts. A person has sufficient contacts with the state when that person, acting directly or by agent, is or may be legally responsible as a consequence of that person's:
(A) transacting any business in this state;
(B) contracting to supply services or goods in this state;
(C) causing tortious injury or damage by an act or omission in this state including but not limited to actions arising out of the ownership, operation or use of a motor vehicle, aircraft, boat or watercraft in this state;
(D) causing tortious injury or damage in this state by an act or omission outside this state if the person regularly does or solicits business, or engages in any other persistent course of conduct or derives substantial revenue from goods used or consumed or services rendered in this state;
(E) causing injury or damage in this state to any person by breach of warranty expressly or impliedly made in the sale of goods outside this state when the person might reasonably have expected such other person to use, consume, or be affected by the goods in this state, provided that the person also regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state;
(F) having an interest in, using, or possessing real property in this state;
(G) contracting to insure any person, property, or risk located within this state at the time of contracting;
(H) living in the marital relationship within this state notwithstanding subsequent departure from this state, as to all obligations arising from alimony, custody, child support, or property settlement, if the other party to the marital relationship continues to reside in this state; or
(I) otherwise having some minimum contacts with this state and, under the circumstances, it is fair and reasonable to require the person to come to this state to defend an action. The minimum contacts referred to in this subdivision (I) shall be deemed sufficient, notwithstanding a failure to satisfy the requirement of subdivisions (A)-(H) of this subsection (2), so long as the prosecution of the action against a person in this state is not inconsistent with the constitution of this state or the Constitution of the United States.
(3) "Person" Defined. This term "person" as used herein includes an individual, that person's executor, administrator, or other personal representative, or a corporation, partnership, association, or any other legal or commercial entity.

Now, the allegations of the Complaint will, in effect, allege that you qualify (and it appars that you do). If you feel that's not true but don't appear to refute them (because you don't believe you were properly served), the likelihood is that there will be an adverse judgment by default.
If you're right on the service issue, you can always raise that again, when they attempt to domesticate in CA. But you'll have to appear in court to do that and, even if you're right (and I don't think you stand a chance), they'll serve you personally, and the whole ugly mess will start again.
Beyond this, why don't you research AL statutes re: service and see if you can find an additional out-hole?
 
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