Legal Question in Credit and Debt Law in Georgia

How can I sue a "friend" who owes me $450 that lives in another state?


Asked on 12/24/11, 8:01 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Usually you'd need to go to that state and file a suit where the friend lives. Since you can't recover the travel costs, you have to evaluate if one, or possibly several trips to that other state are worth $450 plus the time involved, as well as whether the judgment is even collectable if you win, whether you can prove your case, and whether you create the risk of a counterclaim against you.

99.999999999 % of the time, after evaluating those factors, you simply don't sue.

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Answered on 12/24/11, 9:54 am

Anyone can sue anyone else at any time for anything. Personally, you may want to question your priorities - its Christmas Eve and the only thing you can think of is suing somebody?

In answer to your question, it depends. I don't know why you are suing or if the statute of limitations has expired. I also don't know where they live. If this a Georgia cause of action and Georgia has jurisdiction, you can sue but in regular court, not small claims. However, if the person does not live in Georgia and has no assets there, bringing suit in Georgia is not a good idea as you will not be able to collect on a judgment if you prevail and you would have to transfer the judgment to the state where they live to collect. All of this will cost money.. You can sue the person in the county/state where they live in small clains, but, if they live in California, it means you will have to travel out there for the hearing. For most people, the costs of travel make a lawsuit cost-prohibitive when you are suing for only such a small amount.

Merry Christmas!

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Answered on 12/24/11, 10:32 am


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