Filing Out-of-State Small Claims

[freeadvicemama]

My son owns a payday advance company in California. He received a signed loan contract from a client who is now a resident of Virginia. Can he file small claims in California but use Long Arm of Law statute to collect from Virginia resident?
Would a mediator or arbitrator produce better results in collection?

 

[JETX]

Don't understand how a 'payday advance company' gets involved in an out-of-state contract or how this 'contract' involves a judgment, but:

1) Assuming that the contract was originally a Calif contract, and that it doesn't stipulate filing in Virginia, he can file in California courts. Leave it to the Defendant to argue venue.
2) If the Def. doesn't argue venue, and your son wins in California, use the 'Sister-state' (or foreign-court) provision of the Virginia to validate the judgment in Virginia.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

[This message has been edited by Halket (edited July 01, 2000).]