Q: I live in Colorado and am being sued from California...
My ex-father in law is suing me from California for a personal loan to me and my ex during our marriage. He lives in California, and we wrote up the contract in California as well. However, I live in Colorado now, and have for the last 8+ years. I have less than 30 days to respond to his complaint. In retaining legal representation, do I have to get a California attorney, or can I get a Colorado attorney? Do I have to go to California to take care of this, or can I file for a change of venue? What are the time limitations for filing a change of venue and how do I do it?
A: Your question is listed under small claims. That is significant because attorneys are not allowed to represent parties in the initial small claims trial (although attorneys are allowed for small claims appeals). If the contract was entered into in California, and especially if it was to be performed in California (at least when entered into), then you are unlikely to be able to have the venue changed. You should consult with a California attorney.
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