Legal Question in Civil Rights Law in California

Out of State Loan

I loaned my Ex $1000 in late 2006. Since then he moved to Montana and won't even take my calls. How can I sue him when I am still in CA and he is in Montana???


Asked on 3/09/08, 12:52 am

2 Answers from Attorneys

Lisa Howard Law Offices of Lisa M. Howard

Re: Out of State Loan

It can be done (suing out of state defendant) but you need to retain an attorney to help you.

But, a $1,000 loan=small claims. Still, you need to have an attorney help you with service. Also, was there a promissory note or other writing evidencing proof of the loan? repayment? If there is no writing, you will have an uphill battle.

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Answered on 3/11/08, 10:51 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Out of State Loan

You can sue him in small claims court in the county court in Montana. When you get a judgment, then you can get a local investigator to discover his assets and execute against them.

Alternatively, you can sue in small claims court in California, get a judgment, domesticate it (open a special case in Montana), and then proceed with investigation and execution. It would cost about the same with the plane fare, I suppose. It might not make economic sense unless he still owns a bank account or other assets in California.

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Answered on 3/09/08, 3:28 am


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