Q: I live in California and the defendant lives in New Jersey, the defendant owes me money ($500) since October 2015, in
Order to take him to court I will have to fly back to New Jersey to file the claim. Will I be able to claim airlines fees as well since the defendant lives in New Jersey and I live in California. I’m in the military stationed in San Diego, CA. He lives in Newark, NJ.
A:
Do you have a written promise of some kind? The statute of limitations may have expired if your loan is only oral. In California, oral contracts have a two-year statute, written ones 4 years. It is not applied automatically. He has to know of the statute and raise it as a defense.
You stated as fact an opinion that is not. You may file a claim any where in the U.S. by mail in any court with the proper jurisdiction. I have experienced N.J. court personnel dealing with an out-of-state litigant, and they are very understanding and helpful. You can plead and defend motions without being present in person. You can query the court and ask if you can appear telephonically.
You may be able to file in CA. What were the circumstances of your lending him the $500? Where were you, and where was he? If you have any claim to jurisdiction here, file in small claims, serve him by certified mail. IF he does not accept the summons that way, hire a local [process server, probably $50 or less, and serve him. Go to court, plead your case. If he appears telephonically, all well and good. If he does not, get a judgment, file a motion in NJ to obtain a NJ judgment. I think the court clerk will give you the proper forms. If you get one, record it with the local county recorder where he lives and works. He will not want to have a judgment on his record.
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