inter state small claims

Can you sue someone in smalls claims court if they reside in a different state?

I was in a long distance relationship with a girl that lives in Florida. I live in Texas. Since we were traveling back and forth quite a bit, I gave her my credit card to use in case of an emergency. She understood the emergency criteria and abided by it for a short time. Long story short, she racked up over $4000 on this credit card, including a trip to Europe. She verbally agreed to pay me back and made 3 token payments but has since refused to make anymore payments. (Our relationship ended 7 months ago).

She refused to sign a promissory note, but there is a long chain of emails outlining the debt, the request for repayment, the acknowledgement of the debt and a recent attempt by her to settle for $1500 with no guarantee of payment.

Can I sue her in Texas and are there any issues I should investigate further?

My response:

You must sue her where she resides. The "Long Arm" statutes don't apply to her - - so, you've got to go to her "home turf".

IAAL

With all due respect to IAAL, Texas law might allow you to sue her here.

1) Were any of the subject credit purchases made in Texas?
2) Was the credit card issued to your address in Texas?
3) Did the 'girlfriend' receive, or apply for, the credit card using a Texas address?
4) At any time during the use of the credit card, was she 'residing' in Texas?

Basically, I have found that if any of the above can be shown, a Texas court will usually at least accept the civil complaint. However, you need to be aware that the defendant could file a motion for a change of venue that the judge may or may not grant (depending on your proving the items listed above).

Some examples of applicable Texas law are:
Texas Civ Pract and Remedies Code, § 17.042, says:
"In addition to other acts that may constitute doing business, a nonresident does business in this state if the nonresident:
(1) contracts by mail or otherwise with a Texas resident and either party is to perform the contract in whole or in part in this state;
(2) commits a tort in whole or in part in this state; or
(3) recruits Texas residents, directly or through an intermediary located in this state, for employment inside or outside this state."

Further, also TX Civ Pract and Rem Code,
says:
"§ 15.002. Venue: General Rule
(a) Except as otherwise provided by this subchapter or Subchapter B or C, all lawsuits shall be brought:
(1) in the county in which all or a substantial part of the events or omissions giving rise to the claim occurred;
(2) in the county of defendant's residence at the time the cause of action accrued if defendant is a natural person;
(3) in the county of the defendant's principal office in this state, if the defendant is not a natural person; or
(4) if Subdivisions (1), (2), and (3) do not apply, in the county in which the plaintiff resided at the time of the accrual of the cause of action.
(b) For the convenience of the parties and witnesses and in the interest of justice, a court may transfer an action from a county of proper venue under this subchapter or Subchapter C to any other county of proper venue on motion of a defendant filed and served concurrently with or before the filing of the answer, where the court finds:
(1) maintenance of the action in the county of suit would work an injustice to the movant considering the movant's economic and personal hardship;
(2) the balance of interests of all the parties predominates in favor of the action being brought in the other county; and
(3) the transfer of the action would not work an injustice to any other party.
(c) A court's ruling or decision to grant or deny a transfer under Subsection (b) is not grounds for appeal or mandamus and is not reversible error."