How to file a small claim...

[Murky]

Okay here is the story

I helped my exgirlfriend get a cell phone. We ahd the agreement that I would get her the phone, but the bills and all of the cost was her responcibility. Unfortunatly things didn't work out. However she doesn't seem to want to pay the final bill of 475 bucks. I've tried contacting her a few times, but havn't been able to.

She paid all of the previous bills up until know. I'm pretty certain with the amount of information I have, Old bills being paid by her, the calls on the bills, and chat logs I have enough proof that an agreement existed.

Here is the problem. I read everywhere that if I want to file a small cliam I have to do it in the state where she lives, but the court clerk in my area is telling me that I can file it in my county and I would have to find a 'process server' in the exgf's state to serve the papers? Is that correct?

Also, since we agreed that she would pay the bills would it be smart for me to ask for compensation for the early termination fee?

I am going to send a certified letter to her house in a few days. I'm willing to make a deal with here to the effect of if she pays the 475, I'll be a nice guy and pay the termination fee. Is that a smart thing to do or will that compromise my case?

 

[Michael Wechsler]

Murky -- I would be very surprised if your understanding of the court clerk's statement was true. It might (and I say "might" for a reason) be true if you were in a higher court such as a state court. This would likely cost you more than the entire amount of the case. The small claims court is a court of "limited jurisdiction" and it is very likely that you will need to sue the defendant in the defendant's county.

That doesn't mean that you shouldn't send a demand letter and see if that doesn't do the trick and exact full payment. You may want to call the county clerk again and talk about what I've mentioned here. I'm confident you'll hear something similar. Feel free to let us know what happens and good luck to you!

Okay here is the story

I helped my exgirlfriend get a cell phone. We ahd the agreement that I would get her the phone, but the bills and all of the cost was her responcibility. Unfortunatly things didn't work out. However she doesn't seem to want to pay the final bill of 475 bucks. I've tried contacting her a few times, but havn't been able to.

She paid all of the previous bills up until know. I'm pretty certain with the amount of information I have, Old bills being paid by her, the calls on the bills, and chat logs I have enough proof that an agreement existed.

Here is the problem. I read everywhere that if I want to file a small cliam I have to do it in the state where she lives, but the court clerk in my area is telling me that I can file it in my county and I would have to find a 'process server' in the exgf's state to serve the papers? Is that correct?

Also, since we agreed that she would pay the bills would it be smart for me to ask for compensation for the early termination fee?

I am going to send a certified letter to her house in a few days. I'm willing to make a deal with here to the effect of if she pays the 475, I'll be a nice guy and pay the termination fee. Is that a smart thing to do or will that compromise my case?