justice37
Feb 1, 2011, 11:17 AM
A person who owes me money just recently moved from NC to FL, if I want to take them to small claims court for money owed to me, which state do I file in? I live in NC.
AK lawyer
Feb 1, 2011, 02:56 PM
A person who owes me money just recently moved from NC to FL, if I want to take them to small claims court for money owed to me, which state do I file in? I live in NC.
It would be possible to file in Florida, but the complication there would be the need for you to attend trial, if a trial is required (if the defendant responds).
You can probably file in North Carolina, but the problem might be getting the defendant served with process. You should probably ask your local clerk of court how this works.
Once you get the judgment, if it is from NC, you would need to register it in Florida to get it executed (seize the judgment debtor's bank account, garnish wages, etc.).