Legal Question in Credit and Debt Law in Florida

Can I file a small claims court agains a per in diff state?

Please tell me if I can file a small claims court agains a person who is in WA state. (I'm in FL) We sold him an entertainment ceter and he wrote us a ck right before we moved. When we arrived in FL the ck bounced with nsf. He only paid us 1/8th of the amount he owes by mailing a money order and we won't pay anything more. We also just found out he changed his address. (he did leave a forwarding address) Do you think it's possible to get my money back? please let me know!!!


Asked on 12/25/02, 7:03 pm

3 Answers from Attorneys

George Savage George S. Savage, P.A.

Re: Can I file a small claims court agains a per in diff state?

As I understand the facts, you sold the unit while in WA before you moved to FL. He paid you in WA. There is no basis to file suit in FL. You will have to file suit in WA.

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Answered on 12/26/02, 12:03 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Can I file a small claims court agains a per in diff state?

It makes little difference if you could or not. Collection is the problem. The debtor's assets are in Wa. So if you obtained judgment here it would have to be domesticated in Wa. Only then could you seek satisfaction. There is a serious question regarding whether Fl. would even have jurisdiction. This so because no acts occurred in Fl. Seek counsel in Wa. If you need help, call me during regular business hours. HNY

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Answered on 12/28/02, 9:22 pm
David Slater David P. Slater, Esq.

Re: Can I file a small claims court agains a per in diff state?

Your Fla. judgment will have no effect in WA. You would have to go to WA. to make it a WA judgment.

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Answered on 12/25/02, 7:08 pm


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