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You are here: Small Claims > What to Do If You Are Being Sued > What If You Are Being Sued in the Wrong Court?
Every county in California has a small claims court. The person suing you (called "the plaintiff") has to sue you in the right court.
You can ask for your case to be dismissed if you're sued in the wrong court. Write to the court address shown on the claim you received and explain why you want a dismissal. You must also send a copy of your letter to the other party and file a proof of mailing with the court clerk. You can also go to court on the hearing date and ask for your case to be dismissed.
To learn more, click on a topic below:
Where should a claim usually be filed?
What if I'm being sued because of a contract?
What if my corporation is being sued?
What if I don't have a contract, but the plaintiff says I owe them money?
What if the plaintiff says I owe them money for layaway, a sales contract, or a car sale?
What if I'm still not sure if I'm being sued in the right court?
Where should a claim usually be filed?
Usually, the plaintiff can sue you in the county where you live or do business.
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What if I'm being sued because of a contract?
You can be sued where you signed the contract. You can also be sued where you lived or worked when you signed the contract. And, you can be sued where the contract was performed or where it was broken.
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What if my corporation is being sued?
The corporation can be sued where the contract was broken. If the person suing says he or she was hurt, or if their property was damaged, the corporation can be sued where that happened. A corporation can also be sued where its business is located.
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What if I don't have a contract, but the plaintiff says I owe them money?
The plaintiff can sue you where you lived when you allegedly made the agreement or where you live now.
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What if the plaintiff says I owe them money for layaway, a sales contract, or a car sale?
The plaintiff can sue:
- Where you live;
- Where you lived when you signed the contract;
- Where you signed the contract; or
- Where the car or other thing involved in the dispute is located.
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What if I'm still not sure if I'm being sued in the right court?
Contact the small claims legal advisor for help figuring out the right court for the plaintiff's claim. Click here to find a small claims legal advisor.
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Last modified: 03/17/2008
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