Legal Question in Credit and Debt Law in Minnesota
Small Claims Out of State
When I lived in MN, about a year and a half ago, I borrowed a friend of mine some money to keep him on his feet. It was to be a loan, but I have yet to get any money back. Although I do not have proof for all that I am owed, I do have an iou and a receipt from paying his rent that total about $1500.
I now live in Texas, how difficult and what steps would I need to take in order to take him to small claims court, since he lives in MN?
I hope I am under the right area of law, if not please forward. Thank you
2 Answers from Attorneys
Re: Small Claims Out of State
I believe you would have to sue him in MN Conciliation Court since he lives in Minnesota and the contract was entered into in MN. Because your evidence does not sound air tight, you probably would have to travel to MN to argue your case before the judge. I have never seen a conciliation court case where a party appeared by telephone. You could also hire a lawyer to appear for you but then you would have a higher chance of losing your case because you would not be there to answer the judge's questions and respond to your former friend's defenses.
Kent Gravelle
Re: Small Claims Out of State
If you know where he works or banks, we could obtain default judgment and garnish without an appearance if you think he will not contest it. Call or email for assistance. I would do for flat fee.