Small Claims County Jurisdiction Issue Within the Same State

[Dirty Dillon]

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

I had tenants that trashed a rental house I own with another individual in Kittitas county (Ellensburg). I have been told by a summons server that I may not be able to sue one of the tenants in Kittitas small claims because he has a registered address in King county. Both county's are in Washington state. Can this tenant really avoid my small claims suit, assuming he is properly served in King county, just because he resides outside the county I want to start the small claims?

The damage to the property was done while living in Kittitas county, the tenant only moved after the fact. I have a hard time believing they can get away with damaging someones property by moving out of the county. Thank you in advance for any consideration given.

 

[Zigner]

Have you posted on this site before?

Why are you taking legal advice from a process server?

 

[tranquility]

The rules that differ from other WA courts is at:
http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=clj&set=CRLJ
There a relevant one is:

RULE 82
JURISDICTION AND VENUE--UNAFFECTED

These rules shall not be construed to extend or limit the jurisdiction
of the courts of limited jurisdiction or the venue of actions therein.

For normal Civil Procedure rules on the matter:

RCW 3.66.040
Venue — Civil action.


(1) An action arising under RCW 3.66.020 (1), (4), (6), (7), and (11) may be brought in any district in which the defendant, or, if there be more than one defendant, where some one of the defendants, resides at the time the complaint is filed or in which the defendant, or if there be more than one defendant, where some one of the defendants may be served with the notice and complaint in which latter case, however, the district where the defendant or defendants is or are served must be within the county in which the defendant or defendants reside. If the residence of the defendant is not ascertained by reasonable efforts, the action may be brought in the district in which the defendant's place of actual physical employment is located.

(2) An action arising under RCW 3.66.020(2) for the recovery of possession of personal property and RCW 3.66.020(8) shall be brought in the district in which the subject matter of the action or some part thereof is situated.

(3) An action arising under RCW 3.66.020 (3) and (5) shall be brought in the district in which the cause of action, or some part thereof arose.

(4) An action arising under RCW 3.66.020(2) for the recovery of damages for injuries to the person or for injury to personal property may be brought, at the plaintiff's option, either in the district in which the cause of action, or some part thereof, arose, or in the district in which the defendant, or, if there be more than one defendant, where some one of the defendants, resides at the time the complaint is filed.

(5) A proceeding under RCW 3.66.020(10) may be brought in the district within which the municipal court or municipal department is located.

(6) An action against a nonresident of this state, including an action arising under the provisions of chapter 19.190 RCW, may be brought in any district where service of process may be had, or in which the cause of action or some part thereof arose, or in which the plaintiff or one of them resides.

(7) An action upon the unlawful issuance of a check or draft may be brought in any district in which the defendant resides or may be brought in any district in which the check was issued or presented as payment.

(8) For the purposes of chapters 3.30 through 3.74 RCW, the residence of a corporation defendant shall be deemed to be in any district where the corporation transacts business or has an office for the transaction of business or transacted business at the time the cause of action arose or where any person resides upon whom process may be served upon the corporation, unless herein otherwise provided.

[2007 c 46 § 2; 2003 c 27 § 2; 2001 c 45 § 1; 1988 c 71 § 1; 1984 c 258 § 42; 1961 c 299 § 115.]

And, the referred to statute:

RCW 3.66.020
Civil jurisdiction.


If the value of the claim or the amount at issue does not exceed seventy-five thousand dollars, exclusive of interest, costs, and attorneys' fees, the district court shall have jurisdiction and cognizance of the following civil actions and proceedings:

(1) Actions arising on contract for the recovery of money;

(2) Actions for damages for injuries to the person, or for taking or detaining personal property, or for injuring personal property, or for an injury to real property when no issue raised by the answer involves the plaintiff's title to or possession of the same and actions to recover the possession of personal property;

(3) Actions for a penalty;

(4) Actions upon a bond conditioned for the payment of money, when the amount claimed does not exceed fifty thousand dollars, though the penalty of the bond exceeds that sum, the judgment to be given for the sum actually due, not exceeding the amount claimed in the complaint;

(5) Actions on an undertaking or surety bond taken by the court;

(6) Actions for damages for fraud in the sale, purchase, or exchange of personal property;

(7) Proceedings to take and enter judgment on confession of a defendant;

(8) Proceedings to issue writs of attachment, garnishment and replevin upon goods, chattels, moneys, and effects;

(9) Actions arising under the provisions of chapter 19.190 RCW;

(10) Proceedings to civilly enforce any money judgment entered in any municipal court or municipal department of a district court organized under the laws of this state; and

(11) All other actions and proceedings of which jurisdiction is specially conferred by statute, when the title to, or right of possession of, real property is not involved.

[2008 c 227 § 1; 2007 c 46 § 1; 2003 c 27 § 1; 2000 c 49 § 1; 1997 c 246 § 1; 1991 c 33 § 1; 1984 c 258 § 41; 1981 c 331 § 7; 1979 c 102 § 3; 1965 c 95 § 1; 1961 c 299 § 113.]

 

[Dirty Dillon]

tranquility,

Thank you very much. So in summary, I am reading this to mean that as the Plaintiff I have the choice of which court to take my small claims action to. I also do not see anything that would allow the defendant to avoid another counties small claims ruling, so I should be good to go.

Also, yes this is my first time posting. I'm not necessarily taking legal advice from a process server, but the individual does have more experience with small claims then I do. I'm just trying to validate what he told me.