Jurisdiction/Service/Small Claims
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Posted by EuterpeThelo
(66.239.48.168) on July 27, 2003 at 14:10:58:
OK, here's a good one: I got another dunning letter and Merchants Credit STILL hasn't provided proper verification (see previous threads re: HILARIOUS attempt at validation). I have decided that, once I pull my credit reports and see what I am SURE I'm going to see, I am going to file small claims suit. FDCPA provides that any district court or any court of competent jurisdiction is proper venue for a suit arising from FDCPA. My question is: how the hell do I serve the CA who is located in Washington state when they aren't qualified to do business in California? Their minimum contacts clearly grant jurisdiction (general or specific, I am still trying to determine), but they don't have a registered agent in Calif. Cal. Corp. Code provides that you can serve the secretary of state of Calif. in the case of foreign corps. transaction instrastate business, but is mute on corps. transacting interstate business. Code of civil procedure provides for service by mail to an out of state defendant, but I am certain they'll try to deny juridiction. Lastly, are there advantages to suing in small claims as opposed to federal district court, other than that they can't be repped by an atty in small claims? Other prob is if plaintiff loses in small claims there's no appeal while def retains right to appeal. Has anyone actually sued an out of state CA in either small claims or district court vs and, if so, can you tell me how you effectuated service under the suit? Thanks! -ET
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