Legal Question in Credit and Debt Law in California

years ago, a friend and I should start a business together, I gave him $25000 in check, he should put into a bank account, but it didn't happen and now he moved Hong Kong. He told me this April, he can't start the business with me. he said he will pay me back in email and MSM, of-cause it didn't happen. What can I do to get my money back? should I just file it in small claim court? even he is no longer lives in USA?

When I gave him the check he signed on a paper he took my check, and on the email he wrote down how and when to pay me back. Will that help?

Thanks for your help

Corrine


Asked on 9/15/16, 12:49 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Hello Corrine,

The jurisdictional limit in small claims court is $10,000. Even if you could sue him there, that's the maximum you can recover.

You also can't sue someone in small claims court unless you can serve papers on him in California. Since the defendant lives in Hong Kong, I don't see how you can do that.

You will therefore need to sue in Superior Court, and figure out how to get him served. That may not be easy.

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Answered on 9/15/16, 12:57 pm


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