I LOANED A SO-CALLED FRIEND SOME MONEY...NOW HE'S GONE!

[choklit]

HELLO FROM NEBRASKA!

IN 1999 I LOANED A PERSON I THOUGHT OF AS TRUSTWORTHY $300, THEY MOVED TO ANOTHER STATE IN 2000 WITHOUT EVEN A GOODBYE! I CONTACTED THIS LOSER THROUGH EMAIL AND HE CLAIMED HE WOULD SEND MY MONEY AFTER THE HOLIDAYS, ITS ALMOST JUNE, NO LOOT! I ONLY HAVE THE LAST ADDRESS HE WAS AT, AND I KNOW IF I DECIDE TO SUE HE WILL NEED TO BE AWARE, I WAS ADVISED THAT SENDING A CERTIFIED LETTER TO THE OLD ADDRESS TO HAVE IT FORWARDED WOULD NOT WORK IN A SMALL CLAIMS SITUATION...ONLY THE POSTOFFICE HAS HIS NEW LOCATION, HOW CAN HE BE SERVED?

 

[JETX]

Based on your post, there are a number of 'challenges' that you would face in trying to sue for your $300.00.

Some of the challenges are:
1) Proper Service: If you don't know where he is, you won't be able to have him served in person (best), and, lets not forget the 'out of state' issue. And yes, your state MIGHT allow certified mail service, but generally this is only when personal service has been attempted without success. In any case, service on this person is not going to be simple.

2) The debtor is out of state. Depending on the debtors defense (or lack of), you are pretty likely to get a default judgment against him. However, now the problem will be in trying to enforce the judgment. Since the debtor is out of state (beyond your courts 'reach'), there are NO 'in-reach' assets to seize. That means you will have to domesticate your judgment into the new state where the debtor might have assets. This is itself is not a simple (nor cheap) task (you will have to pay another filing fee in the 'new' state, and the debtor might be able to challenge the default judgment for improper service.. voiding the entire thing!).

3) Finally, and most important, do you know if the debtor has ANY non-exempt assets to seize??? If you don't know, or if he doesn't have assets, you have a worthless judgment.

If this debt was substantial $$, it might be worth all the hassle and cost. But for only $300, I would take it as a life lesson to be VERY CAREFUL in loaning money to a 'friend'.