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family member in another state owes me $1000

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sandrawg

Member
I live in California.

Back in spring 2005, I was living with my niece in Washington state and paying rent. She got into a bad situation and needed a $1000 loan. I had her sign a contract, indicating I was loaning her this money, and that she'd pay me back $75/month.

Well, the first $75 check she sent me bounced. I even have email correspondence btween the 2 of us where she apologizes for it bouncing. After that, she had all kinds of physical problems, so I never pressed her about the money.

Actually for the last 3 or so yrs, whenever I tried to get in touch with her, she blew me off. No email responses or phone call replies. So I was never able to work out a new payment plan with her. Finally, in March of this year, I heard from her that she was visiting California. We had a nice visit, and afterwards, I asked her about the money.

She said in an email she would pay me $50 every 2 weeks until it got paid off.

Well, I never rec'd a single check.

In October, I once again asked her about the money. Around Oct 16th, she said she'd send me a check for $100.

Once again, I got NOTHING.

Now we're arguing over something else, and she is once again putting me off on repaying this debt. I am ready to take her to small claims court, but the problem is, she still lives in Washington state, and I live in California. I think I have a strong case because I have the original agreement in writing; I have many email correspondences we've had about setting up a repayment plan, etc.

I just don't know what to do about jurisdiction. I lent her the money while we were both in Washington, but can I file the small claims case here in California? Or do I need to go up there? thanks. I want to file this quickly before the statute of limitations takes effect, btw.
 


Mass_Shyster

Senior Member
If the defendant lives in Washington, and you lent her the money while you were both in Washington, Washington is the proper place to file.
 

sandrawg

Member
Does that mean I have to go all the way up there to do it??

And then, I'd have to go back again for the court case??

Can those expenses be rolled into what I ask for in small claims court? Cuz, I think that's ridiculous that I will have to pay to go up there simply to enforce this debt.

If the defendant lives in Washington, and you lent her the money while you were both in Washington, Washington is the proper place to file.
 

Mass_Shyster

Senior Member
It appears that some Washington counties will let you file by mail. If the defendant lives in one of those counties, it may save you a trip.
 

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