Collecting debt from a friend

[hoverboy]

What is the name of your state? Missouri

I loaned a friend $1000 about a year ago. She was to pay back $100/month for 12 months. We signed a contract...I also have her social security number written on the contract.

She has moved to South Carolina, but, before she moved she was already a couple months behind in her payments. I tried to work with her, but, she was unemployed (and lazy!) and has not paid me back. I tried to find out her new address by sending a letter with "address service requested", but no luck.

What should I do? Can I take her to small claims using her old address? Will the court track her down? I thought maybe this was reasonable since the contract was entered into and broken in my city.

Any tips would be appreciated! Thanks!!

 

[Ladynred]

What should I do? Can I take her to small claims using her old address?

Yes, but it won't do you much good if she's in SC

Will the court track her down?

Absolultey not. If you want to sue her, you're going to have to find her yourself.

You've got her SSN, that's gold in trying to locate someone. Go to www.knowx.com and see what you can find on her. It might cost you a few bucks to get the actual info.

Suing her in YOUR state won't get you very far. You can get a default judgment against her in MO, but you won't be able to do anything to enforce collection of the MO judgment unless you move it to SC where she is now. Also, SC does not allow wage garnishment, so you'd have to go after her bank accounts or other assets to get your money.

 

[JETX]

Ladynred..... long time unsaid.... Good post! Thank you!!

 

[hoverboy]

Ok, assuming I can get her address....Must I actually travel to South Carolina to do this? Is small claims the way to go? She owes $500 more.

And, cool link, thanks. I do not see a spot to search by SSN, am I missing it?

 

[JETX]

Ok, assuming I can get her address....Must I actually travel to South Carolina to do this?

As correctly noted by Ladynred, you can file your suit in your state, but the defendant can challenge as to venue and even if you get the judgment, it is worthless unless you 'domesticate' it into the state where the debtor has assets to pursue in enforcement.

Is small claims the way to go?

If you want to save money and have it heard in an informal court, it is.

She owes $500 more.

So what??? The small claims limit in MO is $3000 and $7500 in SC. Either state appears to be well within your claim limits.

 

[hoverboy]

So what??? The small claims limit in MO is $3000 and $7500 in SC. Either state appears to be well within your claim limits.

Just providing the facts.



So, my gameplan is to start here in MO, take it to small claims, even though I don't have her current address? This is called a default judgement? What/how is "domestication" handled?

 

[JETX]

So, my gameplan is to start here in MO, take it to small claims, even though I don't have her current address?

Your 'gameplan' won't work.
First, you need to locate the person to serve notice on them of the lawsuit. You cannot serve by publication (the alternative if you don't have the exact location) when the person is no longer in the state.

This is called a default judgement?

No. A default judgment is one where you serve PROPER LEGAL notice on the defendant and they either do not answer or do not show up in court. Once you prove service and your claim, the court issues a default judgment.

What/how is "domestication" handled?

A 'domestication' is the process of transferring a VALID judgment from one 'foreign' court to another. The problem you might have is that some states don't allow for domestication of default judgments.

 

[hoverboy]

So I will need her address first then, obviously. Can the costs of locating her be something that I can include when I take her to court? Would a judge frown down on me for doing so?

 

[JETX]

"Can the costs of locating her be something that I can include when I take her to court?"
*** You can try to include it, but the judge will kick it out.

"Would a judge frown down on me for doing so?"
*** After laughing, yes.

 

[hoverboy]

Jetx, I appreciate you sharing your knowledge, but, you're acting like a jerk to me. You really might want to try being a little nicer to people. Why do you even bother posting if I annoy you so?

 

[JETX]

"Jetx, I appreciate you sharing your knowledge, but, you're acting like a jerk to me."
*** Aww.... poor baby. Did I hurt your little feelings with my accurate post?? Do you really think that I give a crap how you feel?? This is NOT the giveahug website.... nor is it Dr Phil or Oprah.
You came here to get LEGAL advice. I gave it to you. It is now up to you to either use it, or ignore it. No matter to me.

"You really might want to try being a little nicer to people."
*** I tried being nice. Tried being mean. Even tried being a jerk. It made no difference. Idiots still pissed and moaned about how unfair life is, no matter how I phrased it. So, like every other person, some days I am happy-go-lucky in my responses, some days I piss people off. You just happened to fall on my piss-on-you day.

"Why do you even bother posting if I annoy you so?"
*** I have this deep-felt compulsion to help those who are too 'unequiped' to help themselves.

So, what got under your burr and made you change your tune?? You seemed just fine until you started acting stupid with "She owes $500 more." and " Is small claims the way to go?".

 

[hoverboy]

What made me change my mind is that you're an ass.

I only offered up the facts of my situation so that you might be able to do more than answer each question verbatum and maybe actually help me figure out what to do.

You sound like the kind of person that is just going to keep arguing, so, take it easy man. I hope you get laid or something tonight, that might put you in a better mood for a couple days.

 

[JETX]

I hope you get laid or something tonight, that might put you in a better mood for a couple days.

Are you mother and sister still 'trolling' the same streets??