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    santafesanmateo's Avatar
    santafesanmateo Posts: 1, Reputation: 1
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    #1

    Aug 18, 2008, 08:24 PM
    Can I pursue a Small Claims Case in Texas if I live in NM
    I lived in Texas. I lent a friend (former friend) $1000 6 months ago and he has been avoiding me ever since and has not paid back any of it. I sent a letter of intent about 2 weeks ago, registered, so I know he received it and have heard nothing. I had planned to file in small claims court, but had to make a sudden move to New Mexico, 14 hours away from Houston. Is there any way to still pursue this through small claims court in Houston, TX while I am living in NM?

    Thanks in advance for any advice!
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Aug 19, 2008, 04:57 AM
    Usually a suit like the one you described in small claims court should be tried in the location where the loan was initially made.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #3

    Aug 19, 2008, 07:43 AM
    Call the Justice of the Peace's office where the loan took place. Ask them if you can have an "agent" file the case for you. That is just someone who would ack on your behalf in filing the papers, etc.

    I believe you'd have to show up for the hearing yourself, but it's possible that the agent may be able to do that for you, too. They'd need all the evidence, of course.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 19, 2008, 05:33 PM
    Quote Originally Posted by twinkiedooter
    Usually a suit like the one you described in small claims court should be tried in the location where the loan was initially made.

    In NYS it's by the residence of the Defendant so that Plaintiffs don't file frivolous lawsuits and force the Defendant to default or travel.

    The Plaintiff is the one who has to travel to the Defendant's jurisdiction.

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