Legal Question in Credit and Debt Law in New York
Small Claims Court
I originated a promissory note with someone in Troy, NY and now the person has moved to Ohio. This person's parents still live in NY and he receives some mail at his parents house. He hasn't paid me in months. My question is: Do I have to bring this small claims suit to Ohio or can I persue it in NY since the promissory note orginated in NY? Also, can I have a lawyer in Ohio take care of it for me in Ohio or will I have to personally go?
1 Answer from Attorneys
Re: Small Claims Court
You can sue him in New York because he transacted business here and the lawsuit arises out of that transaction. This is "long arm" jurisdiction.
I would suggest avoiding Small Claims Court because small claims judgments are not "res judicata." In effect, when you try to enforce the judgment (which you'll almost certainly take by default) the Ohio Court will give the deadbeat a new trial.
You will almost certainly need to hire an Ohio attorney to enforce the judgment there. Whether you have to go there depends on whether the Ohio court decides to let the deadbeat re-open the case there. Sad to say, they usually do, but there is still every reason to reduce your claim to judgment in New York. It's simply better to go with a "real" court (District Court, City Court, etc.) than with Small Claims.