Your blog helps tons of people. Now I have this specific scenario to ask your expert help.
I had a friend, a China citizen, planned to visit CA for 2 weeks, and I found this furnished Apt for rent in Craiger’s list. So we initiated the contact and agreed to pay half of the renting fee as deposit, which totaled USD 1,300.00
Then about 4 days later after they received the money, they asked for the rest of the money, stating they need cleaning and buy stuff.
So my friend and I changed our mind, sending them cancellation letter (which is allowed per our rental contract, as long as it is 3 days ahead of the 1st day of rent). Nothing happened.
Now seems filing for Small Claim is our only choice to get our deposit back. Is that right? if so, can he, a foreigner file with CA Superior Court?
Hello Rong, Thanks so much for your QOTD on small claims court. This is a very great question. You are entitled to get your money back and the question is yes you both can sue. Is your friend still out of the county? Did you give the money to this place yourself and how did you pay? I would get the ball going on this case ASAP. Don’t wait in case they move or try to avoid service. Call my office for details and I can answers any questions you have or send me an email. I responded to your email today. You both have the right to sue in California. Usually you sue where the defendant lives or does business. You both need to be listed on the claim. Have you sent a letter or demand or call or text this person that you want your money back. be careful on craigslist a lot of scams on there, many scammer make a great website bad. So you always want to confirm information when finding a place, signing a contract and such.
I hope this answers your question of the day on can foreigner sue as the plaintiff In Small Claims Court.
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