Many variables to this question. I loaned 600 USD dollars to a friend in Nov 2008 while she was living in Croatia and I was living in Prague. I'm an American and at the time she was Czech but now she's married in Omaha, Nebraska. I helped bail her out of a jam when she had no one to ask but she keeps giving me the song and dance and I can't let this go because now I'm in a jam and she keeps giving me excuses. I know she works and just had a big wedding. Can I have someone represent me in small claims court in Omaha with the proper documentation?
Not in Nebraska. No lawyers are allowed in small claims in Nebraska. But your applicable statute of limitations is 4 years. The small claims forms in Nebraska are simple-go to the Douglas County Court to get the forms and you can file your lawsuit yourself, and follow the directions about how to serve her with the summons and lawsuit and obtain a trial date.
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The point of small claims is to allow people to represent themselves. Part of the process is that you testify of your own personal knowledge to the facts surrounding the claim. No one else would be able to do this for you.
However, in many states there is a court that is one step above small claims that might be available. I would suggest that you contact an attorney in the community where your friend lives to see if pursuing the debt in that court system might work for you. If your friend opposed the lawsuit in the proper way, then you might need to appear to testify. If you win the case, she might also be ordered to pay both your legal fees and travel expenses in addition to repaying you the money she owes.
Hope this perspective helps!
First, you need to meet the statute of limitations for oral contracts. Google it and you will find the one for Nebraska. Even if she was someplace else when you lent the money, if the case is dead where you file, then your claim is barred under what is known as the borrowing statute (the case must be within the statute of limitations in both places).
File your case and prove it. You will pay much more for an attorney to represent you.
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