Outside How to Sue
This page is for people who do not live/work in California.
For background, please read How to sue if you live in California for background first and then return here for the differences.
If you want to file in small claims, you can file where you got the fax or where the person you are suing is.
Or you can wait for a superior court action and just join it as a Plaintiff. That's the far easier (and much less costly) way to go. Wait for an annoucment on the Yahoo group.
Here are the key differences if you want to go the small claims route:
- Check with your home state (where you received the fax) as to what the rules are for small claims (sometimes there are 2 different types of small claims, e.g., New Jersey).
- Most states will only let you serve an out-of-state Defendant if it is a company. And most states require you to serve that company in-state. To do that, you must serve your Secretary of State. Visit your local court (or website) for instructions.
- So instead of sending a demand letter and filing against Wilson, we suggest you serve Access Sales Inc in Aliso Viejo, CA. See the fax.com page for the current address of Access Sales. Since this is small claims, it's easy to serve them. You can just have the process server use substituted service on the first attempt (due diligence is not required in small claims). Use Access Sales Inc. c/o Tom Roth, CFO.
- You'll have to use the forms for your state, not California.
- After you win, you'll have to have your judgment registered using the California Sister-State form (see California Courts Forms) and file that in the county where the debtor's assets are located.
Please use the contact us link to send in the PDF files of the filled out forms for your state and we'll post them here. Thanks!