Sueing out of State

[kipwit]

What is the name of your state? California

A friend(?) owes me money for money he borrowed from me and damages he cause to my car. The loan and the accident all occured in California.

He has since move to Washington with his wife. I don't have a promisary note, but I do have a few Instant message transactions between him and myself that detail the total amount owed as well as the reciept from the body shop for the car damage.

Do I have enough to sue for the full amount owed?

Do I sue in Califonia or in Washington?

 

[racer72]

You can't sue out of state residents in California small claims court, service must be done within the state borders. You will have to sue in Washington. Don't count on the IM's to be accepted as evidence, emails and other electronic media are not always accepted as evidence. The limit is Washington is only $4500 too. Certain expenses such as travel, food and lodging are not recoverable, you will have to pay that yourself. Even if you win a judgment, you will still have to collect, the courts will do nothing to help you. Now you have to determine if the cost and effort are worth it.

 

[seniorjudge]

I agree.

Also consider this: Does the bad guy have money to pay, just in case you do get a judgment?