Defendant moved out of state

What is the name of your state? Texas

I am wanting to pursue a small claims suit of ~$2000-$3000. The defendant(s) have moved out of state (far North). Can I still file a suit and force them to come back here since this is the location where the incident occured?

The defendants borrowed money and stayed with us for several months, then took off and will not reply to mails.


Thanks in advance, Hmmmm in Texas

Jurisdiction is sometimes tricky, Since the firsts motion in a lawsuit is to throw the case out because the current court doesn't have it. Well, the only way around that is to sue the person where they currently live. I've sued people outof state by mail and phone. Call their local court house ask for the papers to file. 25.00 at the most then file them by mail. Most state will do this. Also, After they are filed call the Judge's office and ask for a phone hearing. They have done it for me in Florida and Texas.

re:

Thank you cc. I did not know this might be an option.

Hmmmm in Texas



Jurisdiction is sometimes tricky, Since the firsts motion in a lawsuit is to throw the case out because the current court doesn't have it. Well, the only way around that is to sue the person where they currently live. I've sued people outof state by mail and phone. Call their local court house ask for the papers to file. 25.00 at the most then file them by mail. Most state will do this. Also, After they are filed call the Judge's office and ask for a phone hearing. They have done it for me in Florida and Texas.

It would be helpful if you said what state the debtor now lives in, so that we can be a little more helpful in our answers to you.

re:

Thanks Jennifer. The couple moved to to the state of Idaho. One filed bankruptcy a few years before coming here, and I believe the wife was going to file bankruptcy after they made it to Idaho. I would be pursuing a case on the spouse that filed bankruptcy a few years back.

Thank you,javascript:smilie('')
smile
Hmmmm in Texas

I need to clarify:

Is this debt listed in any bankrupty against those people?

If yes, then your debt is not collectible.

As for Idaho, I would do a search on google.com for Idaho small claims and see what that gets you.

re:

No, this debt is not listed in any bankruptcy.

Thanks for the help, I will do that.

hmmmm

I just completed a nice long detailed reply and my browser crashed... so you will have to get the abbreviated version.....

You have two choices here:
1) File in Texas (lots of problems with this option):
You will have to get a Texas court to accept an out-of-state service (unlikely) then have the defendant served in Iowa. The defendant will either ignore the service (most likely) and you get a default judgment (almost worthless-see below). Or, the defedant will file a Motion for Dismissal due to Lack of Jurisdiction (possible) and it would probably be granted. So, you are either DOA with the motion, or you have a default judgment. Assuming the debtor has no assets in Texas, you will have to domesticate the judgment to Iowa, where the defendant gets ANOTHER chance to void your judgment... on HIS turf. If the Iowa court sets a hearing on his motion to dismiss, you will have to appear... in Iowa.
Or
2) You can contact the courts in Iowa to see if they will accept your case from Texas... AND if they will allow a 'long distance phone trial' (personally, I doubt that they would). And even if they do allow it... your case would have to be based on IOWA statutes and Iowa Rules of Court!! Do you feel comfortable arguing those laws?? And it is possible that the claim you are making (valid under Texas laws) may be entirely different under Iowa laws!!

Default Judgment:
The judgment from Texas isn't DIRECTLY recognized by any Iowa authority. This means that you would have to 'domesticate' your Texas judgment into the Iowa judicial system, then get an Iowa judgment that you could use to enforce against the debtors assets in Iowa... using Iowa laws.

Finally, Iowa's 'Judicial Magistrates Court' limit is $4000.00.
http://www.judicial.state.ia.us/about/descript/district.asp

similar situation

I noticed that the situation you guys are talking about is somewhat similar to mine in that there are two different states involved. I have my ex saying she is going to take me to small claims for 1000. She lives in CA and I in TX. I noticed that the only way she could do it in CA is for me to be served in Ca and since I have no plans of going back there, that's not going to happen. Will she be able to file it in TX as a resident of CA?