How would I go about suing a person when they lives in another state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How would I go about suing a person when they lives in another state?
couple years ago an ex-friend (who now lives in another state) took out a loan when he lived here (with me as his co-signer). Now I have a collection agency calling me to pay because he won’t. If I pay this loan I will be suing him from here where I live. I was wondering how would I sue another person in small claims court when they live out of state? Is this possible? Is there a way to collect any assets from his bank account or am I just screwed out of the money?
Asked on June 25, 2012 under Bankruptcy Law, Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
From what you have written, you can pay the debt that you co-signed for to get the creditor off your back. I would then send your friend a letter before payment about the need for him or her to make the payment. If that does not happen, then you make the payment and simply file suit against your friend in the county and state where you live in small claims court as you have written if the amount owed falls within its jurisdiction.
Once filed, have a process server serve your friend personally with the summons and complaint in the other state. Or, perhaps under your state's service of process laws, you can send the summons and complaint to your friend certified mail, return receipt requested prepared by a person other than you. Its signed return receipt by your friend ordinarily will be enough to equate to proper service of the summons and complaint.
I suggest that you consult with your nearest legal aid clinic about this matter or an attorney that practices in the area of consumer law.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.