Loan in AZ to friend in TN

[Merlin2000]

I live in Arizona, and loaned a "friend" heh money who lives in TN. I have a Word Doc for a contract, two payments sent to this person using PayPal, with "loan" typed in the payment, as well as multiple e-mails claiming to repay the loan in just a few days.

Do I file this claim in AZ, or TN? If it is in TN, does that mean the small claims court will be in TN, or AZ? If I have to fly to TN, and I am awarded the money, can I get a refund of the flight fees from AZ to TN?

This might be better put in another thread, but I noticed this person's phone numbers have been disconnected, and not sure if he has moved. Maybe hiring a PI would help me determine where he is?

This place looks very resourceful, I hope to find some good answers

 

[seniorjudge]

If you sue him in AZ, he will not show up because he will not give a rip snort about you suing him there.

However, why don't you go through regular court in AZ, get good service on him (have him personally served in TN) and then when you get a judgment, register it as a foreign judgment in TN and get your dough there.

I am assuming he has a good job and money and property (real, personal, or other) that you can latch onto.

If he does not, then you are just SOL (and I do not mean statute of limitations).

 

[Merlin2000]

If you sue him in AZ, he will not show up because he will not give a rip snort about you suing him there.

- But then I will be awarded an automatic judgement in my favor, correct?

However, why don't you go through regular court in AZ, get good service on him (have him personally served in TN) and then when you get a judgment, register it as a foreign judgment in TN and get your dough there.

- How can I serve him in TN, from Arizona? I am also not sure if he is at his same residence.

If I hire a PI to locate him, will I receive that money back?

 

[Merlin2000]

Any help on this folks?

 

[gc2005]

I'm no attorney or anything , but I have the same situation as you do. I was told by a few other resources that it's best for me to sue that person in their home state. My case is a guy in Texas . I am in Il. So far, I plan to contact the court there and find out how I can sue that person there. I had served the guy papers but I don't think he will show since it's in IL. I hope this helped a little.

 

[seniorjudge]

Q: If I hire a PI to locate him, will I receive that money back?

A: From whom? If you do not know where the guy is, then why throw good money after bad?

 

[Merlin2000]

Well how do I get my money back then?

 

[seniorjudge]

Well how do I get my money back then?

I wouldn't have the slightest idea.

 

[vtbeard]

Hire a skip tracer...

You could hire a PI and try to get the money reimbursed if you win. Even easier, if you have a friend in collections, have them look him up. Or, if he leads a typically legitimate life, find a good skip tracing website and look for him yourself. If he has real property, you could put a lien against it, (some states it depends on what the lien is for) but you will most likely have to file it in the county he is in, or every county if you want to make sure you cover your bases.