How would I go about suing a person when they lives in another state?

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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 9 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.


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