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Being sued from out of state

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Aldertron

Junior Member
What is the name of your state (only U.S. law)? --Michigan

Myself and 2 friends backpacked through Europe a couple months ago. One of them is a very impulsive spender and would randomly pay for meals, hostels and even a plane ticket one time. After he cut off all contact with us for no reason. Now out of the blue I get a message saying he's taking myself and the other friend to small claims court because we owe him money from Europe, there was never any written, verbal, or otherwise agreement to pay him any from of money. He lives in California and I live in Michigan. He says he sent papers in the mail. Does he have any sort of chance? What should I do to prepare.

Thank you.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? --Michigan

Myself and 2 friends backpacked through Europe a couple months ago. One of them is a very impulsive spender and would randomly pay for meals, hostels and even a plane ticket one time. After he cut off all contact with us for no reason. Now out of the blue I get a message saying he's taking myself and the other friend to small claims court because we owe him money from Europe, there was never any written, verbal, or otherwise agreement to pay him any from of money. He lives in California and I live in Michigan. He says he sent papers in the mail. Does he have any sort of chance? What should I do to prepare.

Thank you.
There is a chance he could win a suit against you, yes. How big of a chance is anyone's guess but, without a written agreement, the odds may not be in his favor. It really depends on all sorts of factors not disclosed (for one factor, was any oral agreement overheard by others that could show you intended to pay him back?).

I suppose you can prepare for the receipt of any "papers" by saving up money enough to pay him back for whatever amount he claims you owe him, just in case. You could prepare by reviewing all facts of your backpacking trip finances with an attorney in your area (perhaps a law school can be a source of a free review for you).
 

Aldertron

Junior Member
There is a chance he could win a suit against you, yes. How big of a chance is anyone's guess but, without a written agreement, the odds may not be in his favor. It really depends on all sorts of factors not disclosed (for one factor, was any oral agreement overheard by others that could show you intended to pay him back?).

I suppose you can prepare for the receipt of any "papers" by saving up money enough to pay him back for whatever amount he claims you owe him, just in case. You could prepare by reviewing all facts of your backpacking trip finances with an attorney in your area (perhaps a law school can be a source of a free review for you).
That's the point, there was never any agreement. He never expressed any desire for us to play him back until the just now when he sent the papers.
 

Aldertron

Junior Member
Also, the amount of money he would be suing for, would cost less then the cost of a plane ticket to fly over here.
 

quincy

Senior Member
That's the point, there was never any agreement. He never expressed any desire for us to play him back until the just now when he sent the papers.
Perhaps now your backpacking friend has a financial need that he didn't have when traveling through Europe? Perhaps now he could use some help? Because he helped to make your European trip a nicer one than you might otherwise have enjoyed, perhaps paying him back some of the shared hostel costs or meals or flights could forestall a lawsuit and, also, be nice?

That said, oral agreements are difficult to prove. The terms of even valid oral agreements can be fuzzy between parties and remembered differently. It often comes down to who is more believable.

I don't know what to tell you, Aldertron. If the friend wants to sue you, he can. What he has to support the suit is something I don't know. What you have to support a defense to a suit is something I don't know. A personal review of the facts by an attorney in your area, however, can give you a better idea of where you might stand legally against a suit, if the papers you are anticipating receiving are, in fact, notice of a suit filed against you for recovery of money expended on your behalf and on behalf of the third friend.

Good luck.
 

Aldertron

Junior Member
Perhaps now your backpacking friend has a financial need that he didn't have when traveling through Europe? Perhaps now he could use some help? Because he helped to make your European trip a nicer one than you might otherwise have enjoyed, perhaps paying him back some of the shared hostel costs or meals or flights could forestall a lawsuit and, also, be nice?

That said, oral agreements are difficult to prove. The terms of even valid oral agreements can be fuzzy between parties and remembered differently. It often comes down to who is more believable.

I don't know what to tell you, Aldertron. If the friend wants to sue you, he can. What he has to support the suit is something I don't know. What you have to support a defense to a suit is something I don't know. A personal review of the facts by an attorney in your area, however, can give you a better idea of where you might stand legally against a suit, if the papers you are anticipating receiving are, in fact, notice of a suit filed against you for recovery of money expended on your behalf and on behalf of the third friend.

Good luck.
What about him trying to sue me from across the country. Does the fact we don't live in the same state cancel the courts jurisdiction? Would he have to fly to my state in order to sue me?
 

LdiJ

Senior Member
What about him trying to sue me from across the country. Does the fact we don't live in the same state cancel the courts jurisdiction? Would he have to fly to my state in order to sue me?
Normally a CA small claims court would not have any jurisdiction over a party located in another state. If he does sue you, you can petition the court to dismiss the case based on lack of jurisdiction.
 

quincy

Senior Member
What about him trying to sue me from across the country. Does the fact we don't live in the same state cancel the courts jurisdiction? Would he have to fly to my state in order to sue me?
If you live in Michigan, he can file in Michigan and the state will have personal jurisdiction over you. If you are a resident of California and are just a student in Michigan, he could potentially file suit against you in California and the court could be found to have jurisdiction. It depends.

It could also depend on how much you could be said to owe him for the backpacking trip - and whether it would fall outside the small claims limits either in Michigan or in California.
 

justalayman

Senior Member
California small claims court requires the defendant to be served within the state of california so unless you show up in california he cannot utilize the california small claims court system
 

FlyingRon

Senior Member
There are a couple of "exceptions" to the in-state service requirement but it likely doesn't apply to you (as long as you don't own any real estate in California or were involved in an accident on a California road).
 

quincy

Senior Member
California small claims court requires the defendant to be served within the state of california so unless you show up in california he cannot utilize the california small claims court system
This is assuming that Aldertron is not a permanent resident of California and is not a minor (which could be safe assumptions to make, but assumptions nonetheless). :)

Aldertron can live in Michigan as a student at a Michigan college, be a minor, and still have as his permanent residence his parents' California home.

If this is the case, the California parents (or guardian) of Aldertron could accept service of the papers for Aldertron at the California residence and there can be substituted service with a mailing of a copy of the papers by first class mail to Aldertron at this home address where the papers were served on his parents or guardian.

Might as well cover this (perhaps far-fetched) possibility, since FlyingRon covered the car accident and property ownership exceptions.
 

Aldertron

Junior Member
I live in Michigan and have never lived in Cali.
Another question, if he flys here uses Michigan court and wins. Would I have to pay for his plane ticket? He says I owe him 600. But that's less then what it would even cost to fly here... He clearly isn't in this for the money, this is vindictive. Also he said he sent the papers, but whats to stop him from not actually sending the papers. And then saying I didn't respond, and they auto decide he wins.
 

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