How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zachary Your Own Question

Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
Zachary is online now
A new question is answered every 9 seconds

I am suing in small claims court and I need advice about jurisdiction: I

Resolved Question:

I am suing in small claims court and I need advice about jurisdiction:
I emailed someone (I was in Los Angeles when I originated the email) who owes me money, and made an offer to accept a lower total amount if she paid me in monthly amounts beginning immediately, thus creating an offer…she emailed back (I do not know where she was when she responded to the email, but she lives in another state…) the same day stating “ I will try to get it out tomorrow,” and I received a check from her shortly thereafter. However, she failed to continue monthly payments as per our newly-formed agreement…
I plan to sue her in small claims court as a breach of contract action concerning the newly formed contract…can I sue her in my jurisdiction of Los Angeles??? If not, where should I sue her???
Please cite any law, as I may need to provide it to the judge…
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thanks for your question.

Where you have an out of state defendant, you have to establish that California has jurisdiction over her under the California long arm statute. This statute will apply if you can establish that the Defendant had sufficient minimum contacts with California so that she could expect to be under California's jurisdiction.

The question is really going to center around what she paid you for. Can you explain this further to me?
Customer: replied 1 year ago.

I am the father of her son...I had excess child support that I paid to a support collection unit that was then paid to her...when my support payments were eventually lowered, the support colection unit wrote that I had over paid, but that we had to work it out between ourselves...the collection unit had no abilty to lower future payments to compensate...As a consideration for her repaying me voluntarily, I lowered the amount, thus creating a new contract...The chils was conceived in California and she used to live here until she moved...

Customer: replied 1 year ago.
Relist: Answer came too late.
Customer: replied 1 year ago.
Relist: Answer came too late.
Expert:  Zachary replied 1 year ago.
Thanks for your response and I apologize for the delay.

Was the order commanding child support also in California too?
Customer: replied 1 year ago.
The child support order is from a New York court...She, however knew when she responded to my offer that I lived in California, so she intentionally responded, forming a contract, with a California resident...would this fullfill the minimum contact requirment???
Expert:  Zachary replied 1 year ago.
Hi,

A single contact like this is not going to fulfill the minimum contact requirement under the long arm statute. There must be a "purposeful availment" of California through seeking to enter into a contract, which usually requires that services be rendered in California or that a substantial transaction occur in California. The contract you formed via email is not enough.

If you file the suit in small claims court, the judge may simply dismiss the case for lack of jurisdiction.

As that is the case, you would need to file the small claims suit in the court nearest her residence.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 9 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.