Legal Question in Credit and Debt Law in California

Collecting Out of State debt

Can I file a small claim action in California against someone that lives in another state? or what is the best way to collect a $300.00 claim (borrowed money and purchased used merchandise that was not received) against someone that lives in another state


Asked on 3/07/01, 5:44 pm

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Collecting Out of State debt

Whether you can sue someone in California generally depends on where the defendant lived at the time the debt was incurred. If the defendant lived in California, you probably will be able to sue him in California. The problem becomes one of being able to serve the complaint on the defendant. In addition, even if you obtain a judgment, you still must collect the judgment. If your defendant lives in another state, that generally means having your judgment "domesticated" in the defendant's state. In order to do this, you will need to hire an attorney in that state, and it may cost you significantly more than your judgment is worth.

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Answered on 5/17/01, 1:22 pm


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