Legal Question in Credit and Debt Law in Missouri
Unpaid Loan
I live in Arizona and loaned money to someone who lives in Missouri. It's obvious the loan will not be repaid. In what State can I file a small claim? The loan orginated from Arizona and from reading the initial form to be filled in, it looks as if I can file a claim in Arizona, but if I go through the motions and win, can I file a garnishment to collect the money from the person in Missouri? I had to sue someone in Missouri a couple of years ago for money owed and luckily I was in Missouri and was able to garnish wages on this person who worked in Missouri, but I can't seem to find anything that explains how or if something can be done for someone who owes money to a person who lives in another State. Please HELP. Thank You.
2 Answers from Attorneys
Re: Unpaid Loan
You probably are best served by filing suit in MO, getting the defendant servre here and if you win running garnishments off the local judgement. I can help I have 33 years of experience. Contact me via [email protected]
Greg S. Kessler
Re: Unpaid Loan
I am not licensed in Arizona, so someone who is should be consulted to see whether the person who borrowed the money submitted to personal jursidiction in the Arizona courts. In Missouri, as in most states, we have what is called a "long arm statute" which sets forth different ways in which an out of state party submits to the jurisdiction of Missouri courts. So, if the Arizona courts have jurisdiction, and you can have the defendant served by the local sheriff here in Missouri, you could obtain a Judgment in Arizona. But then you would have to register that Judgment with the Court here in Missouri in order to run a garnishment on it. This would normally mean additonal expenses for you, but you should be able to include them in the amount of the Judgment. Or, you could just hire someone to file the suit here. It is possible that the defendant will not show up, and with an affidavit from you an attorney could obtain a Missouri Judgment without you having to come to court. The attorney could also then run the garnishment and collect the money for you. Please beware of attorneys like the one who responded to your question earlier, who only use this site as a way to solicit business from people they do not know. You can hire an attorney who responds to your question of course, but the primary purpose of this site was for attorneys to share their knowledge and experience to help people with legal questions, not just go fishing for new clients. No matter what you decide to do, I wish yo the best of luck.