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I am getting sued in small claim court while living abroad

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Surjit

Junior Member
What is the name of your state (only U.S. law)? California

I am Calfornian from 1983, I moved to India in 2003 . I file US tax return.
I borrow a $25K for few month from a freind who is real estate agent of me .We did not talk about interest charges. We dont charge interest from freinds. He want Money back in six month. I was going to write him a check, He insist that He should get paid interest. It was only 1115 $ he asked. to Keep freindship going I paid him with a check. He did not cashed the check for 2.0 year. Why I dont know. HE was going through divorce , may be hiding from his wife. I was in India and he called me to tell me that He did not cash the check and it is out of date now. HE asked me to send him a new check. I told him that I dont have online banking and I will get statement from bank to see if thatcheck is cashed or send me a copy of check. He took 6 month to tell me that he lost the check. So I ordered the bank statement for last 4 year from bank to find out the status of that check. again When I writeing him a check , He asked me check of $36000 because of interest for 4-5 year, I did not like this and Told him that We did not atalked about interest at the time of he lend the money so I will only pay him priciple only. He asked me to send him the check for principle amount and he is not happy with this my attitude. He got the $25K check from me and cashed. Now he is suing me and my wife for $10,000 in small claims court in california. I am staying in India for last 10 year and only go to USA for 10-15 days. Live with my relative or freinds. He have no buisness in USA .I do have bank account in USA but no property.
Do I have to apear in court ? Can I ask for more time to apear in court ? If I win the case then Can I sue this guy for expense of travling ? IF he win then Will he make me arrested for not payoing interest whick we did not talked ? Thanks again for helping in advance
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)?
We probably need more information than just the title of your thread. However, normally someone cannot be sued in small claims court unless they live in the jurisdiction. I couldn't sue someone in small claims in Indiana, if they live in New York, for example. Therefore I don't see how you can be sued if you are living abroad. You should probably respond asking that the case be dismissed for lack of jurisdiction.
 

Surjit

Junior Member
More information on my thread

We probably need more information than just the title of your thread. However, normally someone cannot be sued in small claims court unless they live in the jurisdiction. I couldn't sue someone in small claims in Indiana, if they live in New York, for example. Therefore I don't see how you can be sued if you are living abroad. You should probably respond asking that the case be dismissed for lack of jurisdiction.
Thanks for reading. I have updated with all happening to my case. please see the orignal - Surjit
 

LdiJ

Senior Member
Thanks for reading. I have updated with all happening to my case. please see the orignal - Surjit
My answer remains the same. However, I will also add that he cannot charge you interest for the time period that he had a check from you and chose not to cash it. That is his problem, not yours.
 

tranquility

Senior Member
You may not owe anything at all on the purported debt. I'd get a California attorney to file a demurrer based on personal jurisdiction or any of a number of reasons. (Have you even been served?) When was the purported loan made? Where was the purported loan made? There are many legal issues here, but, because of the amount and the fact you return occasionally, I'd get a California attorney to advise.
 

Surjit

Junior Member
You may not owe anything at all on the purported debt. I'd get a California attorney to file a demurrer based on personal jurisdiction or any of a number of reasons. (Have you even been served?) When was the purported loan made? Where was the purported loan made? There are many legal issues here, but, because of the amount and the fact you return occasionally, I'd get a California attorney to advise.
Thans again.

I was not served. The plaintiff and a third party adult "served" my adult son while he was visiting his uncle. The plaintiff handed two packaged envelopes to my xon but did not say they were legal documents. The same documents were mailed to a relatives house that i use for mailing purposes.

The loan was made in 2006 in California.

I am concerned that my wife is listed in the suit as well although she was not involved in anything. Although I did repay the loan from a jointly held account. We both live abroad.

Thank you.
 

Surjit

Junior Member
Thans again.

I was not served. The plaintiff and a third party adult "served" my adult son while he was visiting his uncle. The plaintiff handed two packaged envelopes to my xon but did not say they were legal documents. The same documents were mailed to a relatives house that i use for mailing purposes.

The loan was made in 2006 in California.

I am concerned that my wife is listed in the suit as well although she was not involved in anything. Although I did repay the loan from a jointly held account. We both live abroad.

Thank you.
Hello

Is this is proper to serve paper to a Son who is student 24 year old while I am living abroad ?
Thanks for reading and adviceing
 

Ohiogal

Queen Bee
We probably need more information than just the title of your thread. However, normally someone cannot be sued in small claims court unless they live in the jurisdiction. I couldn't sue someone in small claims in Indiana, if they live in New York, for example. Therefore I don't see how you can be sued if you are living abroad. You should probably respond asking that the case be dismissed for lack of jurisdiction.
That is incorrect.
 

Ohiogal

Queen Bee
Hello

Is this is proper to serve paper to a Son who is student 24 year old while I am living abroad ?
Thanks for reading and adviceing
So you have a mailing address in California that you use --- therefore you were served. You also have a bank account in the US and the loan was made in the US. You also avail yourself of California laws when visiting the US.
 

LdiJ

Senior Member
Just because someone does not live in California does NOT mean that they cannot be sued in small claims court in California. That is how it is incorrect.
This, from Nolo, seems to disagree with you:

Individuals
The basic rule is that state courts–including small claims courts–only have the power (lawyers call this jurisdiction) to hear cases involving individuals who live in or are present in the state. If you want to sue someone who lives in another state and doesn't travel to your state, you will have to sue in the state where the person lives, not in the state where you live. Often you can file papers by mail, but normally you'll need to show up in person on court day. (Some states allow people on active duty in the military and occasionally others to present their case entirely in writing.)

There are, however, circumstances under which you can use your state's small claims court to sue an out-of-state resident:

•Out-of-state residents can successfully be sued in-state if you manage to serve them with court papers while they're physically within your state's borders and if the dispute arose in your state. For example, you live in Florida and a nonresident injures you or damages your property while he or she is in Florida, or a contract with a nonresident was negotiated, performed, or violated in Florida.
•A nonresident who has a vehicle accident in your state may be sued in your state's small claims court no matter where that person lives. Similarly, a nonresident owner of a vehicle may be sued no matter where the person lives if his or her car was being driven in your state by another person and was involved in an accident. Contact your small claims court clerk for details.
•The out-of-state owner of real property (including owners of apartments and other rental housing) located in your state may be sued here on claims relating to that property.
 

Ohiogal

Queen Bee
This, from Nolo, seems to disagree with you:
Nolo is not an attorney. Personal jurisdiction can be acquired by someone availing themselves to the law of the state. OP travels to the state and has a mailing address in the state and a bank account in the state. Those things can give personal jurisdiction. In addition, he used to be a resident of the state. So I personally don't care what Nolo states.

Furthermore, you stated:
We probably need more information than just the title of your thread. However, normally someone cannot be sued in small claims court unless they live in the jurisdiction. I couldn't sue someone in small claims in Indiana, if they live in New York, for example. Therefore I don't see how you can be sued if you are living abroad. You should probably respond asking that the case be dismissed for lack of jurisdiction.
That is contradicted by what YOU yourself posted. Living somewhere is NOT the deciding factor.
 
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