In what state should a court case be filed if a note was signed in the same state as the debtor resides in but the creditor lives in another state?

Get Legal Help Today

 Secured with SHA-256 Encryption

In what state should a court case be filed if a note was signed in the same state as the debtor resides in but the creditor lives in another state?

I lent my friend around $8,000 for 1 year; the promissory note was due 4 months ago (I have it with me). However, my friend has not paid me the money. I have since moved to another state. What will be the process to go to court for this since I am out of state? I do have some friends who can represent me in case required.

Asked on June 29, 2015 under Bankruptcy Law, Arkansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are the plaintiff.  The debtor is the defendant.

A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the claim arose.

You could file in either state, but for convenience purposes, it would be advisable to file the lawsuit in the state where you currently reside.  You should have a process server in your former state (in or near the city / town where the debtor resides) serve the summons and complaint on the debtor.  The complaint is the lawsuit.  You can find process servers listed under attorney services in the Yellow Pages or online.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption