Legal Question in Credit and Debt Law in California

Money claim vs non-resident defendant

I am a resident of the State of New Jersey while debtor is a resident of Sacramento, California. Said debtor is married to my brother who is currently residing in the Philippines. By virtue of their marriage, debtor submitted a petition with the INS sponsoring my brother as an alien relative.The petition was approved. However,before the consulate in Manila could issue an immigrant visa to my brother, the debtor wrote a letter to the consulate withdrawing her petition. On or about July of 2004, debtor had asked me over the phone to send her the sum of $2000.00. In consideration thereof, the debtor promised that the money would be used to facilitate the processing of my brother's application for an immigrant visa. My brother's application for a visa to enter the U.S. had been reinstated. However, back in December of last year, the debtor wrote a second letter to the consulate in Manila withdrawing her petition. As of this writing, we have not received any explanation. My brother is quite exasperated and no longer interested in pursuing further his application for a visa to enter the U.S.

My questions, therefore, are:

1. How can I get back my money?

2. If there was a crime committed, how do I go about it?


Asked on 2/01/05, 11:02 am

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Money claim vs non-resident defendant

First, I doubt that any "crime" has been committed given the facts as you relate them. Next, you will need to sue the "debtor." Because the "debtor" lives in Sacramento, California, you will likely be required to sue him or her in a small claims court in Sacramento, California.

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Answered on 2/01/05, 4:41 pm


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