samgiaalymic

[samgiaalymic]

I lent a woman money 4 years ago when she lived here in New Jersey. She has since moved to Florida and has NOT paid me. Can I still file a small claims against her in New Jersey or do I have to go to Florida. She owes me $3,000.00, and I have been promised so many times that finally she told me to SUE HER..I plan on doing this. Should I file a small claims against hre or get a lawyer to do this. I have ALL emails from her stating that she owes me the money, so it is a 100% won deal, if I only knew how to go about it. Can someone help me.

 

[mightymoose]

You can do it in small claims yourself, but you will have to know where she lives in order to serve her papers. I get the impression that she is someone that won't show up, and if so you will get your judgment without even trying... but actually collecting the money is another issue.

 

[samgiaalymic]

Yes, but you have not said if I can file here in New Jersey or not. Since the loan took place in New jersey, can I file in New Jersey even though she lives in Florida now. YES, I have her address.

 

[army judge]

You can file in NJ or FL.

Serving her us going to be a big problem, because she can fight jurisdiction of the NJ court.

Have you checked the statute of limitations for debts in NJ?

A four year old debt might be a bar to recovery. The SOL may have run.



Sent from my iPhone using Tapatalk

 

[samgiaalymic]

The time period to collect money that someone owes you is 6 years. I have definitely looked into that. I cannot get a lawyer to answer me the question if I can go to a New Jersey Small Claims Court and file papers since she lives in Florida. I lent her the money while she lived in New Jersey, but she has since moved to Florida. Her husband had also gotten involved when I demanded the money and he promised to pay me also. But all of my emails from her are promises to pay, admittance to what she owes me, and then her last email tells me "Sue Me", which is what I want to do, I just want to do it right the first time. Any advise is greatly appreciated. Any time I have tried to ask a lawyer, I either get no response or they want money for just answering a question.

 

[mightymoose]

I cannot get a lawyer to answer me the question if I can go to a New Jersey Small Claims Court and file papers since she lives in Florida.

That question was answered above.
You can file at either location, though you will probably have the best results with the FL location.

 

[army judge]

You might have to charge this one to the rain, and let the dust settle it!

Even if you were to file in NJ, how do you propose to enforce the judgment in FL?

The court isn't going to take the money from her and give it to you.

The Goldmans have been chasing OJ in FL for years.

You don't think OJ chose FL just because of the weather, do you?

FL and TX are two states that give debtors many protections.

Wages can't be attached in FL and TX, generally all you might be able to do is file a lien against her home.

That is IF she owns a home.

What value does a court order have?

None, if you can't collect on it.

Finally, you'll have more out of pocket costs, as you pursue this.

Filing a small claims case and a serving her is probably going to cost you almost $500.

I'm guessing, as I'm not licensed in NJ, but I am licensed in FL, TX, IA, MI, and before the federal courts.

Filing costs and process servers (out of state) aren't cheap.

Sometimes you gotta know when to fold 'em.




Sent from my iPhone using Tapatalk