Legal Question in Credit and Debt Law in California

Live in Canada, owed money from California

A person owes me money from a personal loan in the amount of $1000.00 and has given nothing but empty promises for 2 years. I live in Ontario Canada, he lives in Hemet California. What means are available to me and if small claims is the answer, do I have to file in California or can I do it from Ontario Canada? The monies lent was tranfered via postal mail. If I win small claims, how do I collect from another country?


Asked on 10/17/05, 12:05 am

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Live in Canada, owed money from California

the proper venue for filing your claim, in the united states, would be small claims court in california (the place where the defendant resides). the statute of limitations on your claim would be up to 4 years in most cases, so you definitely do NOT want to delay and possibly losing rights to your $1000.00. being in canada, it would be fairly impractical to make multiple appearances in a california small claims court for the most part. so, your best option here might be to retain a california attorney to take care of sending your demand letter, filing your claim, serving process on the defendant, etc...to save you time, travel and money. however, you would have to make the actual appearance in court since attorneys cannot represent clients in small claims court. however, the ONE appearance you would have to make may WELL be worth the trip, especially since you can be reimbursed your travel and court costs. if you would further assistance here, contact us today for very affordable rates.

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Answered on 10/17/05, 12:26 am


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