Filing a (small) claim in a different state??

[glennn2001]

What is the name of your state? Maryland

Someone in South Carolina sent me a bad check for payment owed for a transaction agreed upon through email (due ot the time sensitive nature of the item, I agreed to send it him prior to receiving payment).

Where would I have to file a claim, where I reside or where he resides?

Thanks in advance for your help,

Glenn

 

[JETX]

You can file where you reside, but there are some inherent problems:
1) The defendant can challenge your filing due to jurisdiction, or
2) The defendant can ignore your filing since your state laws (and judgments) can't normally reach him. In order to get your state judgment to his state, you would have to domesticate it and that will cost you another filing fee and possible visit to his state for a hearing.

Or, you can just file in a local court in his state and not have the above issues. Another benefit of filing in his state is that you can then use that judgment to seize any non-exempt assets that he has..... and probably has no assets in your state.

 

[glennn2001]

Hey JETX....

....thanks a lot. It's only 50 bucks, but it just pisses me off and I feel like taking some kind of action.

Appreciate it,

Glenn