Do I have any legal recourse for money lent and not repaid?

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Do I have any legal recourse for money lent and not repaid?

Lent $950; I reside in CO and other party resides in TN. In my brief research, I believe that I would have to file in TN. The cost is approx $100. If the matter goes to court, I would have to be present. Thus, incurring additional expenses of airfare, hotel, etc. Any other “less expensive” options?

Asked on March 14, 2011 under Business Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Suit is really your only recourse at this point in time.  One of the issues that the court has when you sue someone is that they are able to issue an order that will affect the defendant.  So they need to make sure that not only do they have subject matter jurisdiction over the issue between parties, but that have what is known as personal jurisdiction over the defendant and that is obtained by properly serving them with the summons and complaint.  In many small claims courts the courts send out the notification to the defendant after the plaintiff files the action.  Go down to your local court and ass what they say, although I think that you are correct.  If they waive you away consider seeking to bring an action in a court of lower jurisdiction if one is available.  By example in New York you can sue a person Civil Court rather than Supreme Court if the monetary amount is below a certain amount.  The filing fee is less than Supreme Court by a substantial amount but the best part is that you have the ability to serve under the same statutes as Supreme Court and then can indeed obtain jurisdiction in another state and then a judgement  - by default or otherwise - that can be filed and executed upon.  Although you then have to file it in Tennessee as well.  Good luck.


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