What is the name of your state (only U.S. law)? Washington
Here is my problem...I had been attempting to collect money from my ex that he owed me for a shared credit card for over a year. I sent him a final letter in Feb stating that it was my final attempt before taking legal action. In Feb I filed a small claim against him for the debt. At this time he still lived in the state of WA. When I got the paperwork from the court with the trial date and a copy of the claim, I sent him a copy to the last known address that I had. This past Tuesday I went to court and faced the judge. To no surprise the defendant did not show up. The judge showed me a statement that he faxed in the morning of the court date saying that he no longer lived in WA. Because of this and the fact that I the return of service that I had was not signed directly by him the judge dismissed my case w/o prejudice. She informed me that because he lived out of state I could not collect small claims on him. Basically he ran away from this debt, how is it fair to me that he doesn't have to pay towards it? I have read that because he lives out of state I have to file a small claim against him in the state where he lives. So this means that I have to travel to his state and pay for the whole thing when he is the one that owes me money....Does anyone have any insight on this? What do I do?
Here is my problem...I had been attempting to collect money from my ex that he owed me for a shared credit card for over a year. I sent him a final letter in Feb stating that it was my final attempt before taking legal action. In Feb I filed a small claim against him for the debt. At this time he still lived in the state of WA. When I got the paperwork from the court with the trial date and a copy of the claim, I sent him a copy to the last known address that I had. This past Tuesday I went to court and faced the judge. To no surprise the defendant did not show up. The judge showed me a statement that he faxed in the morning of the court date saying that he no longer lived in WA. Because of this and the fact that I the return of service that I had was not signed directly by him the judge dismissed my case w/o prejudice. She informed me that because he lived out of state I could not collect small claims on him. Basically he ran away from this debt, how is it fair to me that he doesn't have to pay towards it? I have read that because he lives out of state I have to file a small claim against him in the state where he lives. So this means that I have to travel to his state and pay for the whole thing when he is the one that owes me money....Does anyone have any insight on this? What do I do?