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Where Do I File Small Claims if Defendant Recently Moved Out of State

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  • 08-17-2011, 03:23 PM
    jiggiep
    Where Do I File Small Claims if Defendant Recently Moved Out of State
    My question involves personal property located in the State of: California

    I live in another county but my motorcycle got damaged by a falling object from the upstair neighbor's window in San Francisco. I spoke to the neighbor and they agreed to pay. Soon after I left that residence but left them polite letters. They ignored them and moved out. I recently sent a payment demand letter and their family lawyer called me and said that they moved out of state, New Jersey I believe, and are traveling at the moment and getting married soon. Lawyer said that it's a courtesy call and that California has no jurisdiction over them. This all happened this year so they were recent residents of California.

    Do I have to file small claims in New Jersey where they reside or can I file in San Francisco where the incident occurred, or the county where I live?

    If I have to sue in New Jersey can I add the cost of travel and lodging to the claim?

    Do I sue both of them or only the person I talked to?

    Even though they agreed to pay, the neighbor had mentioned that the window was faulty and caused the object to fall, so should I sue the landlord instead? Do I need to ask the neighbor for help with the faulty window claim?

    Thank you for your time and answering my questions.
  • 08-17-2011, 03:32 PM
    CPO_MK
    Re: Where Do I File Small Claims if Defendant Recently Moved Out of State
    Usually the jurisdiction where the incident occurred is where the action is filed, and then any parties that want to request a change of venue for whatever reason would need to petition for it.

    Keep in mind that generally speaking, the statute of limitations for filing small-claims actions is one year from the date of the incident, unless extenuating circumstances or reasonable evidence to show due diligence at exhausting other avenues first (in a reasonably timely manner) exist.

    Edit (sorry I forgot to address one of your questions): It could go either way; I would suggest going after the neighbor who initially agreed to pay for the repairs, who will likely raise the defense that it's the landlord's responsibility (at which point you should ask them to show how/when/etc. they notified the landlord of the defect). If they can show that the landlord was reasonably aware of the defect, and that their own negligence or misuse/abuse didn't cause the faulty window to fall out, then you will likely need to sue the landlord instead.
  • 08-17-2011, 03:57 PM
    jiggiep
    Re: Where Do I File Small Claims if Defendant Recently Moved Out of State
    Thank you for you reply!

    For clarification, the one year statute is for filing the proper paperwork at the court or that I present my case in court within one year?
  • 08-17-2011, 05:37 PM
    CPO_MK
    Re: Where Do I File Small Claims if Defendant Recently Moved Out of State
    It is for filing the case - don't expect to actually go before the judge for some time after that though; many small claims cases take up to 6 months or even a year for resolution.
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