Which county do I file in??

[superstew]

What is the name of your state? Texas

I live in Texas, and loaned a FORMER friend $2,000 in Nov. 2003. She lives in Missouri, and that's where I sent her a check. The agreement we had was for me to let her know when I needed her to repay me, and the time has come, however she won't return my phone calls. Where do I file the paperwork?

 

[jcardozo]

you can definitely sue in Missouri in her current county of residence.

As far as filing in TX... not really enough information. Can you explain where you and she each resided at the time that you agreed to make this loan?

 

[racer72]

How about a much easier to understand answer. A Texas judgment is worthless in Missouri. Not worth the paper it's printed on. Now guess where to file.

 

[BelizeBreeze]

What is the name of your state? Texas

I live in Texas, and loaned a FORMER friend $2,000 in Nov. 2003. She lives in Missouri, and that's where I sent her a check. The agreement we had was for me to let her know when I needed her to repay me, and the time has come, however she won't return my phone calls. Where do I file the paperwork?

You don't file anywhere unless you have a contract stipulating that the monies were a loan to be repaid and not a gift, as she will claim.

 

[jcardozo]

Racer72 -

I'm not necessarily disagreeing with you, but, assuming the judgment is in law and not equity, doesn't full faith and credit require missouri to cooperate in executing it against missouri assets?

if not, why not?

 

[superstew]

Some clarification

I was already living in texas, and she in Missouri when I mailed her a check that said "Personal Loan" on the comment line. We are both flight attendants, so I guess if I have to go to Missouri to handle this I can.

 

[BelizeBreeze]

I was already living in texas, and she in Missouri when I mailed her a check that said "Personal Loan" on the comment line. We are both flight attendants, so I guess if I have to go to Missouri to handle this I can.

You don't file anywhere unless you have a contract stipulating that the monies were a loan to be repaid and not a gift, as she will claim.