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Can I file a small claims in Las Vegas against someone who lives in California?

North Las Vegas, NV |

A judgment against my ex-wife was ordered after our divorce was finalized for various items including lawyer's fees. The divorce took place in Clark County, NV. She has since moved to California. I have sent the demand letter, but I need to know if I can file a small claims in Clark County or if I have to file in CA-where she currently resides. The amount of the judgment is $4,884.00.

Attorney Answers 3

  1. If you already have a judgment, there is nothing to sue for. You need to collect on your judgment the same as any other creditor. Bringing an action in small claims court would only get you another judgment. It does not provide you with any way to collect. And small claims actions must be brought where you have personal jurisdiction over the defendant -- in your situation, California. If you do not actually have a judgment, but only have a decree ordering her to pay, you can make a demand for payment and then bring a contempt action.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.

  2. If her assets are in California, you will need to domesticate your Nevada judgment in California. Then you can use that to garnish her wages, bank accounts, etc. until the judgment is satisfied.

  3. I agree with Ms. Whitbeck. Additionally, I would consult with an attorney, bring the Decree of Divorce with you. If you have a judgement the attorney can help guide you through collecting, maybe even filing something in the Family Court action for enforcement.

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