Legal Question in Civil Litigation in Texas

Can I sue a out of state resident in Small Claims Court?

I loaned a friend a nice dress suit here in Texas. We had an verbal agreement that my friend would return my suit when ever I demanded it. I loaned my suit to my friend when he was living in Texas. He has since moved to Illinois and still has my suit. Now can I sue him in Texas small claims court even though he is no longer a resident of Texas? If I can't, what are my options? The value of the suit is about $500.


Asked on 11/17/01, 11:35 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Can I sue a out of state resident in Small Claims Court?

Yes, you can sue your 'friend' in Small Claims Court since they had enough contact with the state to get jurisdiction over them. However, the ruling in Texas is only good in Texas. You'd have to get a Texas judgment entered in Illinois in order to have a chance of collecting.

Has your friend given you any reason why they haven't returned your suit?

After all is said and done, you may well have spent more than the suit is worth, and not be able to collect upon the judgment. You ought to contact an Illinois lawyer, preferably in the area where your friend lives, and see what it would cost to pursue the matter in Illinois.

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Answered on 11/19/01, 10:41 am


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