need advice on how to collect a debt out of state

[josueandsandie]

What is the name of your state? California

I run an interpreting service in California, and an out of state client ordered our services for a few jobs in Northern California. We provided interpreters for those jobs, I billed him, as I had before since he has been my client for about a year, and he never paid. He doesnt return my phone calls, emails nor responds to my letters. I spoke to a small claims advisor here in California who said I cannot file a claim here against someone out of state, in this case, Florida. What can I do to collect this debt? Its about $800.00.

Thank you to anyone who can help. What is the name of your state?

[Debt Guy]

You might find a collection agency in Florida to help. The debt is small and may not be worth pursuing via a lawyer. If you find an agency, expect them to keep half whatever they collect.

[CollectionGuru]

Originally Posted by josueandsandie

What is the name of your state? California

I run an interpreting service in California, and an out of state client ordered our services for a few jobs in Northern California. We provided interpreters for those jobs, I billed him, as I had before since he has been my client for about a year, and he never paid. He doesnt return my phone calls, emails nor responds to my letters. I spoke to a small claims advisor here in California who said I cannot file a claim here against someone out of state, in this case, Florida. What can I do to collect this debt? Its about $800.00.

Thank you to anyone who can help. What is the name of your state?

I would consult with someone else other than your "small claims advisor", not being from California I am not sure what that is. But we sue people in other states everyday, generally where ever the work was performed is where you can sue as well as where the defendant lives.

[racer72]

Originally Posted by CollectionGuru

I would consult with someone else other than your "small claims advisor", not being from California I am not sure what that is. But we sue people in other states everyday, generally where ever the work was performed is where you can sue as well as where the defendant lives.

Perhaps not being from California means you should not answer threads from California, especially when you give answers that are totally wrong. A very very simple Google search would have told you that California does not allow small claims cases to be served out of state. I would also like to to try to sue me from your state, my state specifically prohibits the recognition of out of state judgments. The judgment from your state isn't worth the paper it's printed on in my state.

[CollectionGuru]

Originally Posted by racer72

Perhaps not being from California means you should not answer threads from California, especially when you give answers that are totally wrong. A very very simple Google search would have told you that California does not allow small claims cases to be served out of state. I would also like to to try to sue me from your state, my state specifically prohibits the recognition of out of state judgments. The judgment from your state isn't worth the paper it's printed on in my state.

Congratulations! On being a jackass for no apparent reason. All I did was advise the OP to get a second opinion. Maybe you should read your constitution again, particularly the full faith clause. We have sued deadbeats like yourselves in practically every state in the union.

Despite not wanting to waste anymore time replying to your prattle. I decided to post this little nugget of wisdom for your perusal. Let me know if you need help with the big words.



Judgments and Enforcement: Washington

A Judgment issued by the Courts in the State of Washington generally is enforceable for a period of ten (10) years (RCW 4.16.020), and may be extended for another ten (10) years upon application to the court pursuant to RCW 6.17.020(3). Every judgment may become a lien on the real estate of a judgment debtor as provided in RCW 4.56.200 and to run for a period of not to exceed ten years from the day on which such judgment was entered unless the ten-year period is extended in accordance with RCW 6.17.020(3).

Confession of Judgment is authorized under the laws of the State of Washington. A defendant may confess judgment by filing with the court a statement under oath identifying the amount and nature of the debt. The statement must be presented to the superior court or a judge thereof. If it is found to be sufficient, the court or judge may order that a judgment for the amount confessed, with costs be entered. Once a judgment is entered, it may be executed in the same manner as other judgments. (RCW 4.60.010, et seq.)

A judgment creditor may execute the judgment against the non-exempt real and personal property of the judgment debtor, including the garnishment of wages. Generally, the amount of earnings which may be garnished may not exceed twenty-five percent (25%) of the judgment debtor's non-exempt disposable earning. (RCW 6.27.150.)


Foreign Judgments:

Under the Uniform Enforcement Of Foreign Judgments Act of the State of Washington, a judgment from other states generally is entitled to full faith and credit for the purpose of enforcement. Upon the filing of an authenticated copy of the foreign judgment by a judgment creditor or his attorney, an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor, and the giving of appropriate notice thereof to the debtor at his last known address, the clerk shall enter the foreign judgment and treat it in the same manner as a judgment of the superior court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, set-offs, counterclaims, cross-complaints, and proceedings for reopening, vacating, or staying as a judgment of a superior court of this state and may be enforced or satisfied in like manner. (RCW 6.36.010, et seq.)

[dcatz]

Being from CA, may I presume to try to be a peacemaker (at great apparent risk and for no particular reason)?

1) The Small Claims advisor’s statement was over-broad, but not by much. There are exceptions to the prohibition to out-of-state service in Small Claims (eg. long-arm statutes), but they are very limited and this isn’t one.

2) Any procedural defense to entry of judgment in the original state is potentially a defense to domestication and disregard of “full faith and credit”. This may have been what racer was referring to, because there is ample case law and WA statutes beginning at RWC 6.36.010 that recognize the possibility of domestication. RCW 5.44.020 acknowledges full faith and credit. In short, if the judgment wasn’t valid in the originating state, it need not be recognized in the sister-state, but the converse is also true. Not being from either of your states, I’m open to contradiction, and my feelings won’t be hurt, but I’ve domesticated CA judgments in WA and think I still can.

3) I think DG’s advice was of the most practical value. The amount is too small to do anything but treat it as a cost of doing business and learn from the experience. Complain to the FL Bar (it will make his life miserable beyond the measure of $800). Tell your trade association not to deal with him (further complicate his life), and move on.