way too trusting

[sarajean85]

What is the name of your state? I live in South Carolina.
Last february (2004) I loaned $5,000 to a friend who promised he would pay every cent back. We wrote up a contract stating how he would pay me back (monthly) until he pays the whole amount. He has been jobless for most of that year and I get sob story after sob story. Well he just detained a job and he still hasn't payed me back a dime. My patients are running thin and I'm sick of the excuses. However, I do not have the money to pay for a lawyer. He lived in GA and has recently moved to abbeville South Carolina. would i have to file the claim in GA where the money was used or can I file it in Abbeville where he resides now? The loan was to pay off his car payment and was not an investment.

 

[HomeGuru]

What is the name of your state? I live in South Carolina.
Last february (2004) I loaned $5,000 to a friend who promised he would pay every cent back. We wrote up a contract stating how he would pay me back (monthly) until he pays the whole amount. He has been jobless for most of that year and I get sob story after sob story. Well he just detained a job and he still hasn't payed me back a dime. My patients are running thin and I'm sick of the excuses. However, I do not have the money to pay for a lawyer. He lives in GA and I dont have the time to file a small claims court there. Is there any possible way I can get a lawyer and also sue him for court costs? The loan was to pay off his car payment and was not an investment. I'm sorry this is so long but I am very naive in the way the courts are run. Please help!!!

**A: if you have no time and money to even file a small claims case then what do you want us to do, file for you? You need to be more proactive and help yourself.

 

[hbreen]

Check the laws of the county your friend lives in and give them a call. There may be other options to filing your small claims case.

 

[HomeGuru]

Check the laws of the county your friend lives in and give them a call. There may be other options to filing your small claims case.

**A: and what might those options be?

 

[JETX]

Check the laws of the county your friend lives in and give them a call. There may be other options to filing your small claims case.

And the CORRECT answer(s) are:

would i have to file the claim in GA where the money was used or can I file it in Abbeville where he resides now?

Venue could be argued for both places. GA as that is where the agreement was made, or in Abbeville as his current location. However, for enforcement purposes, it is best for you to file where he might have assets.

 

[hbreen]

I have always found the best course of action when I have a question is to research it myself to get the answers, hence the reason I said to call the county courthouse to see if there were other options than making two trips to GA (one to file and one to appear in court)! We all should realize that the internet is not always the best place to get accurate information! Now if you called and you didn't like their answer, then sure, post here, and see if the cards fall your way!

 

[hbreen]

And no, that was not a slam on JETX or anyone else who may actually post accurate info here! There are a few folks who post here who do give the right info, but do you really want to risk getting the wrong info here and going to the judge to say "But Your Honor, online they said I could do it this way" ?

 

[ENASNI]

Well

What is the name of your state? I live in South Carolina.
Last february (2004) I loaned $5,000 to a friend who promised he would pay every cent back. We wrote up a contract stating how he would pay me back (monthly) until he pays the whole amount. He has been jobless for most of that year and I get sob story after sob story. Well he just detained a job and he still hasn't payed me back a dime. My patients are running thin and I'm sick of the excuses. However, I do not have the money to pay for a lawyer. He lived in GA and has recently moved to abbeville South Carolina. would i have to file the claim in GA where the money was used or can I file it in Abbeville where he resides now? The loan was to pay off his car payment and was not an investment.

In the meantime... what did the Job do that it had to be detained?

And feed your patients... they didn't rip you off, they need to be fed.

JETX... I always thought the venue had to in the jurisdiction of the defendant's residence?

 

[sarajean85]

Thank you very much for your time. I will contact the magistrate court tomorrow.

 

[JETX]

JETX... I always thought the venue had to in the jurisdiction of the defendant's residence?

Nope. There are several ways venue can be established. For civil cases, venue is usually the district or county which is the residence of a principal defendant, where a contract was executed or is to be performed, or where an accident took place. However, the parties may agree to a different venue for convenience (such as where most witnesses are located).

 

[JETX]

JETX... I always thought the venue had to in the jurisdiction of the defendant's residence?

Nope. There are several ways venue can be established. For civil cases, venue is usually the district or county which is the residence or business of a principal defendant, where a contract was executed or is to be performed, based on a 'venue clause' in a contract, or where an accident took place. However, the parties may agree to a different venue for convenience (such as where most witnesses are located).

 

[ENASNI]

ok

Good to know.. ..