Tyring to collect on 1996 auto accident

[JimVerdi]

In January of 1996, a friend of mine got behind the wheel of my truck and ran into a parked car in the parking lot of a hotel in Portland Maine. The police where called a report was issued and he admitted fault. Rather than deal with the insurance company I paid the gentlemans company, it was a company card, direct to the tune of $1600. My friend did not have the money, and has been promising to pay me back for 5 years. I've finally had enough, and am hoping that I still have the right to sue him in small claims court. The problem I have is that the incident happened in Portland ME, he lives in Seattle WA, and I live in San Francisco. I've already asked for a copy of the police report, and have the contact information for the gentleman whos car was hit. My questions are 1)After 5 years can I still sue him 2) where do I file a small claim suit? In ME CA or WA???

Thanks

Jim

 

[I AM ALWAYS LIABLE]

My response:

The statute of limitations in Maine is 6 years from the date of the accident. You'd have to file in Maine because that's where the accident happened.

However, that's not the biggest problem. The problem is, how do you get him to go to Maine to answer in damages to you? Oh sure, you could file in Maine, and probably obtain a default judgment. But then, you'd have the expenses of transportation, food, lodging. And then, you'd have to "domesticate" the judgment in Washington State, by going there and spending more money on transportation, food, lodging, plus attorney's fees because you have no idea how to do any of this.

Realistically, and for reasons concerning jurisdiction and the amount of money involved, you're very much out of luck.

IAAL

 

[JimVerdi]

I take it that I would not be able to recoup any expenses incurred if I did decide to file? Also would it be possible for someone else who lives in Maine to file on my behalf without my apperance being required?

Thanks for your help

Jim

 

[I AM ALWAYS LIABLE]

I take it that I would not be able to recoup any expenses incurred if I did decide to file? Also would it be possible for someone else who lives in Maine to file on my behalf without my apperance being required?

Thanks for your help

Jim

My response:

No. On both questions.

IAAL