Small Claims Court in California/Defendent lives in Washington State

[805NeedsAdvice]

What is the name of your state (only U.S. law)? I am in California, he is in Washington.

Hello,

I filed a small claims case against an individual who owes me money for several loan and a laptop computer I bought. The individual was arrested and the laptop is currently in police property. The computer was used in the crime but the prosecutor has declined to file charges. I provided a copy of the receipt to the Police Department but they can only release it to person it was taken from and my matter of ownership is a civil one. I explained to them I already have a small claims case filed and once I receive a judgment could they release it to me. They advised me they could if the judgment was specific but that they recommend I get a writ of attachment which would allow them to hold the property until my judgment is received.

My questions are:

1) What state to I get the writ in? California where I reside or in Washington State where the property currently is? I'm leaning towards Washington

2) Can I get a writ on my own or is this something an attorney needs to file on my behalf?

Thank you in advance for the advice

 

[racer72]

You will have to sue in Washington. Things like travel expenses are not recoverable. You will have to determine if it is worth the cost to travel to Washington, it could take 2 or 3 trips to accomplish what you want.

 

[805NeedsAdvice]

Suing in WA

I don't think I need to sue him in Washington as I lent him the money and gave him the computer when he was in California. He has since moved to Washington where he got arrested and got my computer taken away from him. I'm just curious about the Writ. I think the writ I should file for in Washington.

 

[racer72]

I don't think I need to sue him in Washington as I lent him the money and gave him the computer when he was in California. He has since moved to Washington where he got arrested and got my computer taken away from him. I'm just curious about the Writ. I think the writ I should file for in Washington.

Your problem is your California judgment would be worthless in Washington. Also, California has specific limitations on suing those that are out of state. You would still have to domesticate the judgment in Washington to obtain your writ.