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Wrong Venue for such a small amount?


Guest Tigerman
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Guest Tigerman

I am being sued by Midland Funding, rep'd by Brachfeld. Amount of alledged debt was under 5K. This is in California, and yet they filed in in Limited Civil. Doesn't this belong in Small Claims? Can I get it dismissed on that basis? If so, do I just file a Motion or Demurrer claiming wrong venue?

Thanks!!

Edited by Amerikaner83
moved into new thread for ya :-) -AK83
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They don't HAVE to file in Small claims. They can file in "any Court of competent Jurisdiction" same as us. Small Claims, County, State, or Federal. Same as us.

There is a limit for small claims - if their claim is for an amount over that allowed in Small Claims, then yes they have to file somewhere else. But the don't have to file in Small Claims if the amount is allowable under Small Claims...does that make sense?

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