i have a friend of mine who owes me $$$$ and does not want to pay me. he lives in DC and i live ine ohio . how should i do to file a small claim against him. should i do it in ohio or dc
2006-10-22 10:06:11 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
OK, this is an OPINION, not law (I have to say that as a PARALEGAL so I am not accused of practicing law)
I would do the following- send him a CERTIFIED, REGISTERED RETURN RECIEPT letter stating s/he owes you the money, and what the specifics are. Then, 45 days later file in a court, and send another CERTIFIED REGISTERED RETURN RECIEPT letter- essentially, by doing it this way you're generating your own evidence to support the lawsuit.
But, this is just an opinion, always get it documented
2006-10-22 10:09:06 · answer #1 · answered by Anonymous · 2⤊ 0⤋
you have to do it DC because they have personal jurisdiction over him. If he owes you more than $75,000 then you can sue him in federal court based on diversity jurisdiction.
Send him an official complaint via certified mail giving him 20 days to answer about paying you the money back. When he does not, file the suit in DC in small claims court.
If you have all the documentation that clearly shows that he owes you, then the courts can probably grant you your costs of traveling and filing.
He may pay you back before the court date comes. Just filing the claim can scare him. Make sure you have good service via certified mail to his home and place of work. If he doesn't show, you get a default judgement.
2006-10-22 17:12:19 · answer #2 · answered by Discipulo legis, quis cogitat? 6 · 1⤊ 0⤋
file in state
2006-10-22 17:13:08 · answer #3 · answered by Mastermind 1 · 1⤊ 0⤋
You have to file int he county they live unless he/she entered into a contract with you, then you could file in th eocunty the contract was entered into. Sometimes it is easier to chlk it up to a good lesson.
2006-10-22 17:10:03 · answer #4 · answered by Valerie 6 · 1⤊ 0⤋
Save your time and money. Try to get his social security number and take a tax deduction if you file the long form. If not your SOL.
2006-10-22 17:12:43 · answer #5 · answered by Billy M 4 · 1⤊ 0⤋
file in the state the debt originated.
2006-10-22 17:08:47 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Ohio, if you can get him served in Ohio. Maybe you can catch him while he's visiting someone.
2006-10-22 17:11:39 · answer #7 · answered by open4one 7 · 1⤊ 0⤋