Defendent Lives in Different State

What is the name of your state? MO
My husband & I need to file in small claims. We are Owner Operators/Truck Drivers and were leased onto a company in Romeoville, IL. We live in Missouri. We have been trying since February 2005 to get our final paycheck from them. We have fulfilled all the requirements under FMCSA regulations for final paycheck and yet this company still has not paid us. We have sent several Ceritified Letters requesting and some have been left with a notice and Owner of company fails to pick them up. She did send our Settlement Summary by fax for our taxes to our Accountants which showed Final Check Amount & Check number in March 2005. When we requested again, in June she said she sent us a letter saying she was now holding check until she received signed saftey reports. I sent those and she wouldn't pick them up due to being Ceritified, so I made copy after she requested they be sent regualr mail, kept the originals and mailed regualar mail. Still no check. Do I need to seek small claims in her state or mine? What would the interest percentage be on this and would we be able to collect damages? I have copies of everything even receipts from mailings all letters, etc.
Thank You

dmblackburn379 said:

Do I need to seek small claims in her state or mine?

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Theirs.

What would the interest percentage be on this

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Unless you have a prior agreement as to pre-judgment interest, nothing. The court will advise post-judgment interest (if you get a judgment).

and would we be able to collect damages?

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Depends on what your 'damages' are. Generally though, you will only be allowed to recover your claim.... and not travel expenses, lost work, etc.