Question:
An ex-tenant of mine has moved from California to Ohio. He left owing
$500 to me on a personal loan and $200 in rent. Both of these are
sustained by written contracts. He was to make payments, but I have had
none in six months. I know his Ohio address and his employer. If I
initial a Small Claims action, can I do it in California even though I
know he is no longer here? (My plan would be to get a judgement then turn
it over to an Ohio collection agency.)
Answer:
-I know that when I left an apartment here in California, the management
company didn't want to give me my deposit. The place was left in excellent
condition. The company moved from the Hollywood area to West Covina, and I
had to file in West Covina, since that's where the company is now located.
BTW, I got my judgement, and am still trying to collect.
-Unfortunately, no. The reason is technical. In California small claims
court, you must serve the defendant in the State of California. There are
two exceptions to this rule, but neither apply to your case. Of course, if
you know the guy is planning a trip back to California, you can serve him
then. You also can sue him in Municipal Court and have him served by
certified mail. If he signs, he's served. The downside is that, depending
on the county you're in, it costs a minimum of $83 to file suit in Municipal
Court, and once you serve him and get a judgment, you have to "domesticate"
the judgment in Ohio to enforce it there. For $700, it's probably not worth
it.
