I live in AZ and filed small claims court against someone who lives in CA. I just read that I needed to file where the defendant lives, however. Note I filed in small claims in AZ to collect money from the owner of an upstairs condo. The condo, that is located in AZ, leaked and caused mold. I am allergic to mold and have a note from my dr. The owner, who is a medical dr., lives in CA. Owner refused to pay for the repair. So I just had it fixed (after I got owner's consent via email for the contractor to fix the problem in the upstairs unit). Owner is leasing the condo. Is it ok still to file in AZ? Note owner has already been served and will go to court tomorrow to submit the USPS documentation. FYI The HOA clearly states that it is owner's responsibility but owner's attorney is easy accesible and am wondering if it was ok for me to file in AZ in the first place.
You can file in AZ if the owner has "sufficient contact" with AZ. Owning the condo should be sufficient contact. If you filed in small claims court (claim $3,500 or less), he cannot be represented by an attorney unless you agree.
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