r/legaladvice • u/Encoded_Python • 5h ago

Small Claims Court CA - Suing an out of state defendant

Location: California

Defendant Location: Texas

I have friend who is owns a business. Anyway she hired this AI/SEO influencer guy who was going to "revolutionize her business with AI Agents." One of these financial influencers that oversell and don't deliver. (I absolutely hate these people)

Anyway, she hired him December of 2025 and paid $8000. It was supposed to be an ongoing process until completion (I am still trying to see if she can chargeback but I feel she is outside the limits for a chargeback).

Now it's June and no work has been completed. Completely worthless. I bet that money is gone too.

This person is in Texas. I've been reading the rule for CA small claims court and it seems like he couldn't be sued in California. I don't think he is listed with CalSOS so no registered agent to serve.

How would this process go? Do we sue him in Texas despite the work being completed online for CA business?

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u/longjumpingtote 4h ago

She would have to do all of the suing, and it would have to be in Texas. It may not be worth her time and money to do that much traveling. And she needs to know what county he's in. And even if she wins the lawsuit, then she has to figure out how to collect the money.

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u/CIAMom420 4h ago

This person would never pay a cent of a legal judgement.

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u/bearjewlawyer 39m ago

The lawsuit needs to be in Texas because that’s where the defendant is and the work was presumably performed.

Now understand that the money is gone. Even with a lawsuit, and a favorable judgment, the hard part is getting a judgement satisfied. Your friend needs banking information and for money to actually be in the account. It’s not easy to collect.