If I made a personal loan to 2 friends of mine but now they have moved to another state without paying in full, what is the best option for me to collect my money?

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If I made a personal loan to 2 friends of mine but now they have moved to another state without paying in full, what is the best option for me to collect my money?

Both are responsible for repayment and have signed notarized promissory notes. I would like to start by working out a payment plan with them, but in a worst case scenario, is suing in small claims an option? I am in GA, where the loan was made. They are now in CA.

Asked on December 6, 2012 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you unfortunately can't sue in small claims court--small claims courts only have jurisdiction over defendants within their territory. You can, however, sue in your ordinary country court; then you can enforce that judgment in the defendants' current state's courts, since the courts of every state are bound to enforce the judgments of every other state.


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