Question about evidence

What is the name of your state? PA

I'll be driving over 7 hours from NY to PA to sue in small claims court for funds of ~3000 stolen from me.

I have read that I can't produce affidavits from people that help prove my case, is this the case 100% of the time? I have two people: the bank manager where the check was cashed and the financial aid officer that would help my case. The bank manager can confirm that the check was cashed without a signature (I have a copy of the check) and it was not deposited into my account. The financial aid officer (this was a financial aid check) can attest to my demeanor when I found out the check I thought that was never used was cashed, and when she brought a copy of it, my first words were "That's not my handwriting, that's my father's." (He wrote "For Deposit Only" in the signature part of the check) She has attested before of this to NYS when I was applying for a dependency override due to emotional abuse - that was one point. If I can't present these people, is there anything I can do to introduce their testimony without them physically being there?

Finally, am I able to sue further money than the loan, origination fees, and any interest accrued? I'd like to sue for emotional distress. Is this possible in small claims court, or no?

It should be noted that I did press charges, he was arrested, however, I had the case dismissed because my father promised to pay me back and I did not want him to end up in jail (he was charged with a felony). It has now been over three years, and I have not seen one cent and have asked him several times for the money, or to agree to a payment plan.

Thanks in advance.

It has now been over three years

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Ding, ding ding...... Hear the little bell? That is because the statute of limitations has tolled, in Pennsylvania you must sue within 2 years. If you had something in writing it would have been 4 years. You might be able to claim a verbal contract but likely the SOL for fraudulant actions will apply.

racer72 said:

Ding, ding ding...... Hear the little bell? That is because the statute of limitations has tolled, in Pennsylvania you must sue within 2 years. If you had something in writing it would have been 4 years. You might be able to claim a verbal contract but likely the SOL for fraudulant actions will apply.

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The crime took place in NYS, the person who stole the money moved to PA.

mep5 said:

The crime took place in NYS, the person who stole the money moved to PA.

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Irrelevent, the laws of PA apply in PA courts. It does not matter where the crime happened.

So, I can not bring the person to small claims court?

You can sue the person but they can use the statute of limitations as a positive defense and have the lawsuit dismissed. As is stated in these forums on a regular basis, you can sue anyone for any reason at any time, whether you will win or not is another question.

So, will it be automatic that the case is dismissed if the defendant mentions the SOL?