In what state should a court case be filed if a note was signed in the same state as the debtor resides in but the creditor lives in another state?
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In what state should a court case be filed if a note was signed in the same state as the debtor resides in but the creditor lives in another state?
I lent my friend around $8,000 for 1 year; the promissory note was due 4 months ago (I have it with me). However, my friend has not paid me the money. I have since moved to another state. What will be the process to go to court for this since I am out of state? I do have some friends who can represent me in case required.
Asked on June 29, 2015 under Bankruptcy Law, Arkansas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You are the plaintiff. The debtor is the defendant.
A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the claim arose.
You could file in either state, but for convenience purposes, it would be advisable to file the lawsuit in the state where you currently reside. You should have a process server in your former state (in or near the city / town where the debtor resides) serve the summons and complaint on the debtor. The complaint is the lawsuit. You can find process servers listed under attorney services in the Yellow Pages or online.
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