Legal Question in Immigration Law in California
What to do when a foreigner tourist owe a US citizen money but don't want to pay before they go back to their country of origin?
2 Answers from Attorneys
Quickly file a Small Claims action and have someone immediately serve the person. Theri having returned to a foreign country should not be a basis for the Court not to rule on the matter, as there was jurisdiction over the person when served. The judgment, of course, has only psychological value; you can not enforce it and can only hope that they are worried their credit rating might be affected or they feel a moral obligation to pay a judgment.
This depends on which country the debtor is returning to. You can always initiate a civil claim in the debtor's home country which would have personal jurisdiction over him/her. Whether or not you go to the expense of prosecuting an action outside the U.S. depends on the amount owed. For example in Canada, "small claims" actions cover up to $25,000. Court costs are lower than in the U.S., and it can be easier to enforce a judgment. Canadian courts will also enforce U.S. judgments.
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