How do I file a small claims law suit against someone that doesn't own personal property in my state?
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How do I file a small claims law suit against someone that doesn't own personal property in my state?
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I live in Connecticut and am trying to sue someone who owes me about $5,000 and refuses to pay. I have a document signed by this person that they would pay me back by Nov 23rd 2008 but they have yet to pay. This person works in Connecticut but does not have any personal property here, from what I can tell (they rent an apartment and their car has Florida plates). I have the person's home address in Florida. If in fact I can sue, do I file the suit in Connecticut or Florida?
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reenzz
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You need to file in the state that the transaction took place in. Understand though, winning a judgment in court does NOT mean that he will pay. You may be able to garnish his wages..if your state permits such. |
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Gentle Giant
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File the suit in Ct. Send the summons and complaint to both addresses( the original to the Ct address) via certified mail, return receipt requested. You do not have to do this in small claims court if the court's limit is lower than your claim. You can go to the next higher court.
Once you get the receipt for service of the summons, file a proof of service with the court. The court will set a trial date.
Make certain that you use the case docket number on all correspondence.
If the guy doesn't appear to fight the suit you will get default judgement
and you can garnish his wages, his bank account and seize his car(actually the sheriff does that for you. If you cannot get enough to satisfy the judgement you can mail the judgement to the court, in the county in Florida, where the guy lives, and they can seize any property, accounts, etc. he has there.
By the way, make your suit for as much as you can. Do not worry about the amount in the note. If he doesn;t show up you will be that much better off. If he does the court will only allow the actual damages plus costs.
This is time consuming and there are court fees involved but it works. I have done it many times . I am in business and deal with firms nationwide.
Good luck. |
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