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-   -   Can you sue someone out of state in small claims? (https://www.askmehelpdesk.com/showthread.php?t=471732)

  • May 19, 2010, 05:52 AM
    lizzybeeps
    Can you sue someone out of state in small claims?
    I loaned a friend of 10 years $3000 about 3 years ago. Her home was about to be forclosed on, she was self employed and her business was hurting. I Western Unioned her the money and she promised to pay it back as soon as she could (though we never set any terms and I didn't think after 10 years of a really good friendship that I needed to, live and learn!) I have been asking her for the money for the last 2 years, even tried to do some work for her business (free of charge) so she could earn the money to pay me back. Since then I've received $250 and nothing but promises for the rest. She emailed me a few months ago that she would have my money by April/May 2010. I've found out recently that she bought a new car and now I'm done being nice. I've really been pushing for the money recently as now I'm in desperate need. My last two emails have gone without any responses. In my last email I indicated that if I didn't get back the money by May 31st, 2010 that I was taking legal action. I'm just wondering, I live in CO and she lives in CA, can I still sue her even if we don't live in the same state? How would that work and if the judgement is for me (I've kept proof of the loan and the many emails she's sent me with her promises of repayment and the fact that she's made one payment so far) but she refuses to pay?

    Any and all advice would be greatly appreciated!
  • May 19, 2010, 05:54 AM
    JudyKayTee

    Jurisdiction for Small Claims is the residence of the DEFENDANT. You would have to sue her where she currently lives.

    Your other choice is to hire a collection agency (and they will charge roughly 1/3) OR an Attorney who does collection work at about the same percentage.
  • May 19, 2010, 05:58 AM
    lizzybeeps

    Thank you. I considered going the collection agency route I just didn't think you could do it for personal loans. I'll look into that.
  • May 19, 2010, 06:02 AM
    JudyKayTee

    Call around - some agencies will do the work for a private individual, others will not. They will undoubtedly want to know about your proof, not the circumstances of the loan.

    Good luck.
  • Mar 7, 2011, 12:07 PM
    Rjd8306
    Hey, I was just wondering how/if you ever collected. I have a VERY similar matter. Please let me know. Thanks
  • Mar 7, 2011, 03:32 PM
    AK lawyer
    Quote:

    Originally Posted by Rjd8306 View Post
    Hey, I was just wondering how/if you ever collected. I have a VERY similar matter. Please let me know. Thanks

    I suspect Lizzy is not a frequent visitor to AskMe Help Desk.

    Are you in Colorado too?

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