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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Business Law
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Experience:  Experienced and trained in the area of business law.
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i have bought a small equipment ($13,000) from company, located

Customer Question

i have bought a small equipment ($13,000) from company, located in San Jose, CA.
They are upholding my money and equipment right now. Can they be sued in TN small claims court? or do I have to bring this claim into CA? XXX@XXXXXX.XXX
Submitted: 5 years ago.
Category: Business Law
Expert:  J.Hazelbaker replied 5 years ago.
No. Unfortunately, you would have to sue them either where the defendant is located or, if different, where the property is located. In addition, the California small claims limit is $7500. Here is a link to the California self-help court website:

http://www.courtinfo.ca.gov/selfhelp/smallclaims/

Please let me know, if you have additional questions.

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J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4385
Experience: Experienced and trained in the area of business law.
J.Hazelbaker and 3 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.

unfortunatly sm business can only ask for 5,000 in sm claim in california. i looked it up under TN law; it says that if the contract was sighned here, then i can initiate claim in tn. is that correct?

Expert:  J.Hazelbaker replied 5 years ago.
When a rule allows for a suit to be filed under a contract signed in the state, that typically means the signature of the party of whom you are suing. If you can prove that the California company executed the contract in the state of Tennessee then you can sue.

Of course, you can always go ahead and sue, serve the party under Tennessee's long-arm/out of state service of process rules, and make the California company raise any defenses. If they don't respond, get a default judgment, then go to the California court where the defendant resides and try to get the Tennessee judgment enforced.

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