Legal Question in Civil Litigation in Maryland
Collecting a Small Claim in another state than where the sale was made
I sold 3 electronic airline tickets to a client January-March 2002, whom I trusted based on past experience. He flew those flights, and we have not been paid. The total amount due is $4,497.99 (not including the expenses we have incurred - we tried to charge it on a mastercard that he suggested we use, and it was returned, and a check with insufficient funds - and not including interest).
He stated over and over that he is paying it; in November, 2002, he again said a check was on its way, after no contact for several months. It never came, and now he does not respond to phone, email or letters.
Our travel agency is in Pacific Palisades, CA. The client lives in Falls Church, VA.
What is our recourse? If we do Small Claims Court, can we do that in California? If we win Small Claims, does that automatically mean that we will receive payment? Are we allowed to collect penalties and/or interest? Is there a statute of limitations?
We look forward to your prompt response.
Thank you.
3 Answers from Attorneys
Re: Collecting a Small Claim in another state than where the sale was made
bring it immediately in small claims court here, where the contract was entered into. Collection is up to you on judgments. You can 'record' the judgment in his home state to try to force payment.
Re: Collecting a Small Claim in another state than where the sale was made
I agree with Terry that you should file a small claims case here. You probably will have to find a collector/attorney in the (former) client's home state to go after his assets -- i.e. paycheck, checking account, home, etc. Good luck! -Robert
Re: Collecting a Small Claim in another state than where the sale was made
I believe you will find that Small Claims judgments are not given full faith and credit in the courts of other states. It will be necessary for you to file and action in the Superior Court of Los Angeles, and that would be best for the dishonored check. You must demand payment of the check in writing, but then you can sue for three times the amount of the check (up to Fifteen hundred dollars in addition to your dishonored draft). A judgment of the Superior Court can be enforced in other states, although you will find that if this is a "default judgment" other states may require an original proceeding in their states. Your most direct action would be to forward the matter to an attorney in Falls Church, VA. In fact, if you want a referral to such an attorney call me. It may be that an attorney in his own town, maybe just down the street, may get you paid without and lawsuit. If the suit is necessary, it may require your attendance in Va., but maybe not. It also may not entitle you to treble damages. Discuss these issues with the local attorney.
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