Legal Question in Credit and Debt Law in Georgia

You go to that state and file a case there.

I agree with Attorney Ashman. There is a concept in the US called jurisdiction. You can only sue the person either where they reside, where they own property or in some other place that has a connection to the cause of action - here a debt, so that would be where the loan was made.

Where to bring suit will ultimately depend on where you will be able to collect. For example, if you are in GA and the loan was made there, maybe you would want to sue there. But if the debtor does not live there and does not own any property in GA, then a GA judgment is going to be useless because you will still have to transfer it to the state where the debtor lives or owns property.

Also, how much is owed? Can you sue in small claims? Some states have forms and allow you to file by mail. However, you will still need to travel to that other state for the hearing. And even if a small claims judgment is entered, some states have extra requirements - like transfer of the judgment to the regular court for enforcement by that court by wage garnishment (if allowed) or execution on other assets if any (like bank accounts).

Depending on how much is owed, you should re-post with the relevant facts and direct your question to a debt collection attorney who practices in the state where the debtor resides and see what advice you can get. Also, might want to ask the attorney how much they would charge to get a judgment and collect. Some attorneys will work on a percentage basis of whatever they collect.

I would see what the limits are for small claims in the state where the debtor now lives and then see if that state has online forms. I would file the lawsuit and serve the debtor by mail if allowed. You also can contact the court and find out if you need to appear or if a default judgment will be entered if no answer is filed. If so, then you will not need to go to a hearing at all. That way, you can save some money and just use a lawyer to collect on the judgment by wage garnishment (most states allow it - only NC, PA, SC and TX do not).