Suing somebody for unpaid loan

[ethio]

What is the name of your state (only U.S. law)? Ohio

In August 2011, we lent $3000 who was in a difficult financial situation. The money was supposed to be paid back within a few months. To this day, the person made no effort to pay back the money. We have no written agreement except a copy of the check that was made out to this person. I started sending e-mails asking the person to payback the money. The person acknowledged via e-mail that money is owed and she would pay us back to the last penny. The intent of writing the e-mail was to keep a written record about the loan. I even intentionally noted the amount owed. I also got involved a close friend of the person to help us get our money back. I exhausted all my options and considering a legal action to get my money back. I understand that I can go to a small claims court. My question is: we and the person who borrowed the money live in different States. I wonder if we could file the Small claims in our home State even though the loan was made to a person in a different State.

 

[Antigone*]

In August 2011, we lent $3000 who was in a difficult financial situation. The money was supposed to be paid back within a few months. To this day, the person made no effort to pay back the money. We have no written agreement except a copy of the check that was made out to this person. I started sending e-mails asking the person to payback the money. The person acknowledged via e-mail that money is owed and she would pay us back to the last penny. The intent of writing the e-mail was to keep a written record about the loan. I even intentionally noted the amount owed. I also got involved a close friend of the person to help us get our money back. I exhausted all my options and considering a legal action to get my money back. I understand that I can go to a small claims court. My question is: we and the person who borrowed the money live in different States. I wonder if we could file the Small claims in our home State even though the loan was made to a person in a different State.

US Law only

 

[ethio]

US Law only

What do you mean by "US Law Only" ?

 

[Antigone*]

What do you mean by "US Law Only" ?

You deleted the "What is the name of your State" question. That needed to be answered in order to get assistance.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio

In August 2011, we lent $3000 who was in a difficult financial situation. The money was supposed to be paid back within a few months. To this day, the person made no effort to pay back the money. We have no written agreement except a copy of the check that was made out to this person. I started sending e-mails asking the person to payback the money. The person acknowledged via e-mail that money is owed and she would pay us back to the last penny. The intent of writing the e-mail was to keep a written record about the loan. I even intentionally noted the amount owed. I also got involved a close friend of the person to help us get our money back. I exhausted all my options and considering a legal action to get my money back. I understand that I can go to a small claims court. My question is: we and the person who borrowed the money live in different States. I wonder if we could file the Small claims in our home State even though the loan was made to a person in a different State.

Where was the money loaned? How was it loaned? What is the other state?

 

[ethio]

Where was the money loaned? How was it loaned? What is the other state?

Thank you for the reply. The money was loaned to a friend who lives in Minnesota but we live in Ohio. The loan was made through our bank where a check in the amount of $3000 was mailed to a Minnesota address. Please note the load was using the Bank's Billpay feature; hence, no personal check was written.

 

[swalsh411]

Your position is weakened seeing as how you appear to have failed to come to an agreement on repayment terms.

I don't see how an OH court would have jurisdiction here. You would need to travel to MN, and your travel expenses would not be recoverable. In addition, you would then need to enforce the judgement. Is this person currently working?

 

[ethio]

Your position is weakened seeing as how you appear to have failed to come to an agreement on repayment terms.

I don't see how an OH court would have jurisdiction here. You would need to travel to MN, and your travel expenses would not be recoverable. In addition, you would then need to enforce the judgement. Is this person currently working?

This was a personal load and as all personal loans it was made on good faith. Initial repayment agreement was made verbally until I started sending e-mails to get the person acknowledge the loan. The person has a full time job. Probably my position is weakened due to the fact that the loan was made to a State other than my home State.

 

[Ohiogal]

Thank you for the reply. The money was loaned to a friend who lives in Minnesota but we live in Ohio. The loan was made through our bank where a check in the amount of $3000 was mailed to a Minnesota address. Please note the load was using the Bank's Billpay feature; hence, no personal check was written.

You get to sue in Minnesota in small claims court. Good luck.