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    Mr Limpet's Avatar
    Mr Limpet Posts: 1, Reputation: 1
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    #1

    Sep 29, 2006, 03:34 PM
    Calif. Small Claims questions
    Hello all. I hope I can get a bit of help on (2) subjects.

    1. I will be filing a Plaintiffs claim soon and there is a question on venue.
    The defendant lives, works, and signed the contract in LA county.

    The contract was carried out or performed in Orange County. I would like to file in Orange County. Do you think that would be proper?


    2. The defendant is married and has had numerous claims filed against him for various issues. He has most of his property and bank accounts in his wife's name. Should I name his wife as a co-defendant in order to collect the judgement even though she has nothing to do with the money that is owed to me or do I wait till I get the judgement then file a motion to levy bank accounts in her name as well as garnish her wage if needed? :confused:

    Thank you
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Oct 5, 2006, 06:33 PM
    My guess would be to file the claim in Orange County since that's where the contract was actually performed (or presumed to be performed) and that's therefore the location where the contract was presumably breached. Knowing what you do about the defendant's situation (limited assets, mostly in his wife's name), I'd name her as a co-defendant. Their marital assets are joint property so, in that regard, she's just as liable as he is.

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