[mrdoc]

I am expeting to be sued for breach of contract which was signed in AL, however I moved to CA since then. Can I request the case to be tranferred to CA small claims court? Since I cannot possibly attend a hearing in AL... and if the court disagrees to tranfer and issue a judgement by default cause I wouldn't be able to show up, can this judgement be enforced in CA? And if so will there be a hearing in CA? Thanks

[Fr_Chuck]

No you will be expected to travel to where the contract was signed they will have jurisdiction over this. ( unless the other party would agree to have it moved and the courts would agree)

Once they have a judgement, against you it can be honored in your state.

[mrdoc]

Below is a Rule 4.2. from Alabama Civil Procedures. I am not sure if I understand it right but I don't satisfy requirements (A) and (B) - have no contacts with AL, in fact I only lived there for 4 months. Maybe AL district court won't be able to accept the case.

Rule 4.2 Process: Basis For and Methods of Out-Of-State Service

Basis for Out-of-State Service.

When Proper.

Appropriate basis exists for service of process outside of this state upon a person in any action in this state when (A) the person is, at the time of the service of process, either a nonresident of this state or a resident of this state who is absent from the state, and (B) the person has sufficient contacts with this state, as set forth in subdivision (a)(2) of this rule, so that the prosecution of the action against the person in this state is not inconsistent with the constitution of this state or the Constitution of the United States, or, the person is sued in the capacity of executor, administrator, or other personal representative of an estate for the acts or omissions of a decedent or ward, and the person so sued does not otherwise have sufficient contacts with this state in that capacity, but the decedent or ward would have been deemed to have sufficient contacts with this state if the action could have been maintained against the decedent or ward.

No you will be expected to travel to where the contract was signed they will have jurisdiction over this. ( unless the other party would agree to have it moved and the courts would agree)

Once they have a judgement, against you it can be honored in your state.

[s_cianci]

The answers to your questions are no and yes, respectively. Since the matter occurred in Alabama, it is they who own jurisdiction and that cannot be transferred to another state. And yes, if you don't appear at the scheduled hearing in AL, a default judgment will most likely be entered against you. That judgment will be enforceable in CA, but how far CA will go to enforce an AL judgment is anyone's guess.