Clearlake, CA asked in Contracts, Legal Malpractice and Small Claims for California

Q: Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him

Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him…no response. He was practicing law in Sacramento. How or where do I file a case? I am a senior needing the $3000 he stole.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Legal Malpractice Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, small claims court is an appropriate venue for resolving disputes involving amounts up to $12,500 for individuals. Since your attorney was practicing in Sacramento and the dispute originated there, you typically would file your small claims case in the Sacramento County Small Claims Court. This is based on the principle that the court in the location where the defendant conducted business or where the dispute arose has jurisdiction.

However, since the attorney has moved to Florida, you may encounter challenges in serving him with the legal documents required to start the case. California law requires that the defendant be properly notified about the lawsuit, which can include various methods of service. Given the distance and the potential difficulty in locating him, you might need to explore alternative service methods, such as service by publication or through a process server in Florida, if direct service is not feasible.

It's important to gather all relevant evidence of the money owed and any agreements or communications you had with the attorney regarding this matter. Documentation will be crucial in presenting your case. Additionally, consider reaching out to the California State Bar for assistance or guidance on how to proceed, especially since your dispute involves an attorney. They may offer resources or avenues for resolution that could assist in recovering your funds without going to court.

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