What should I do if the defendant lives out-of-state and owes me for a loan?

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What should I do if the defendant lives out-of-state and owes me for a loan?

Approximately 3 months ago I loaned an individual $110 for their cell phone bill. The agreement was for the loan to be paid back within 3 weeks. I have the agreement to the loan via e-mail between us. I am unable to get a hold of the defendant due to being ignored. I understand it is a minimal amount of money compared to most cases but a loan is a loan. Because the defendant is out-of-state, what action(s) do I take now? Are there other damages, such as punitive damages, or anything I may be unaware of, that I can sue for on top of the loan?

Asked on October 26, 2011 under Bankruptcy Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  You can file in AZ where you live or in the state where the defendant lives.  For convenience purposes such as filing documents with the court and court appearances, it would be preferable for you to file in AZ.  You will need to have your summons and complaint (complaint is the lawsuit attached to the summons) served on the defendant.  You can have a process server in the city where the defendant is located serve the documents.  If the defendant is in a small town without any listings for process servers, you can have a process server in a nearby city serve the defendant.  Process servers are listed under attorney services online and in the Yellow Pages.

Your damages (the amount you are seeking to recover in your lawsuit) would be the amount you are owed plus court costs.  Court costs would include the court filing fee and process server fee.  You won't be able to get punitive damages because your lawsuit would be in the category of breach of contract (account stated) and you cannot get punitive damages in this type of case.


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