Legal Question in Credit and Debt Law in California
Out-of-state small claims
I am suing a person who live in CA for not returning an accidental double payment paypal made from my account. Paypal won't do anything since I purchased the item over two months ago (two months and two days)...they advised me to call the seller. I did that, but the seller says that she refuses to return my money and there's ''nothing you (I) can do about it.'' I filed small claims suit against her in my local state (MI), but the court told me that even when I win they can't do anything to collect from her. If she was found in contempt of court for non-payment would that go against her credit? CAN she be found delinquent when in another state? What do I do?
2 Answers from Attorneys
Re: Out-of-state small claims
if you are successful in obtaining a judgment in your state, you would need to be registered in California and then you could use California law to collect the debt. However, I suspect the cost of registering the judgment in California would not be worth the effort. You might try using a collection agency.
Re: Out-of-state small claims
You should file a lawsuit in small claims court in the county where she lives. It's true that the court will not enforce a judgment, as that is up to you. But you should at least do what you can to get the judgment.
After you get the judgment, record an abstract and start collection. Maybe she has wages you can garnish.
Good luck.
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