HELP!!!! any lawyers on here who can help about filing default judgment papers on a loan across state lines? (accounts, California)

[Janie614]

I made a substantial loan {>$4K} to someone in a different state a year ago. I still have not gotten paid back, however, I have a list of excuses and promises from them. How do I go about filing a judgment if they live in a different state? A 4 hour drive from my home.

I have my cancelled checks as proof of the loans, and emails documenting the loans and some emails making what has turned out to be idle promises and stonewalling tactics, sadly..

Can anyone give me advice?

[WannaliveinGreenville]

Take them to Small Claims Court . Not sure if it has to take place in the state the loan occured.

[Janie614]

that is my big question .... do I have to file in their state????

[Gandalara]

It would be my guess that it depends on your state laws. In California, the rules state that

"As a general rule, a case must be filed in the county (and area of court location) in which the defendant resides. This general rule promotes fairness, since it's usually easier for a defendant to defend a case if it's filed in the locality where the defendant resides. However, there are many exceptions to this general rule. If you need help in deciding in what county or area of court location to file, contact a small claims adviser."
(Taken from the CA Dept of Consumer Affairs)

Edit - found this on Ehow.com:
"While most states will not allow you to file a small claims suit against someone who lives out of state (there are a few exceptions), you can file your case in the other party's state" (Rest of the article at the link)

[Janie614]

to Gandalara,
Thanks for the advice ... I live in NY, it is probably the same here ... :::sigh:::.
I wonder if I can do it by proxy. Can I hire a lawyer in the other state (on the east coast) to represent me? Or should I just take the 4 hour drive south and do it there, in some G-d forsaken place that I would never set foot in if I had the choice?

I will google eHow and see what I can find. Thank you so much for pointing me in the right direction. I appreciate it.

[20yrsinBranson]

Originally Posted by Janie614

to Gandalara,
Thanks for the advice ... I live in NY, it is probably the same here ... :::sigh:::.
I wonder if I can do it by proxy. Can I hire a lawyer in the other state (on the east coast) to represent me? Or should I just take the 4 hour drive south and do it there, in some G-d forsaken place that I would never set foot in if I had the choice?

I will google eHow and see what I can find. Thank you so much for pointing me in the right direction. I appreciate it.

You can file the lawsuit by mail. Then you just show up on the hearing date. 9 times out of 10 the defendant does not appear and you get a default judgment. Then you can take that judgment and garnish wages, attach bank accounts and, depending on your state laws, can even have the sheriff confiscate personal property to compensate you for damages.

If you go to small claims court, you have to appear yourself. If you go to circuit court or associate circuit court you can hire an attorney to represent you.

20yrsinBranson