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Can I sue someone in the military?

Fresh Meadows, NY |

I'm in New York now after leaving the Marine Corps. I loaned money to my buddy while I was still in service in Oct '10 but lost contact with him couple months ago (disconnected number). I loaned him $3000 total. I don't have a contract but I have bank statement wiring $2000 to his account and a receipt for a $1000 plane ticket in his name on my expedia account. I even have a facebook message where he acknowledges owing me money but not an exact amount.
I have his unit information but not his home address after he was stationed in California. How can I go about putting pressure on him or go about serving him to force him to pay me back?

Attorney Answers 4


  1. You have to be able to find the person to serve him. Once you do, he may get the case stayed due to service on active duty.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. You can ask him.

    You can send him a demand letter.

    You can hire a lawyer to send a letter.

    You can sue him.

    You can let the debt slide.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  3. You can sue
    You should see if this is something to be done in Smalls Claims court.
    If he is still in the military and you get a court judgment DFAS will garnish his military pay.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.


  4. You can certainly sue. Recommend filing a claim in a small claims court, jurisdiction (amount of $ you can claim varies state to state). Small claims court generally has very relaxed rules and most claimants aren't represented by lawyers. This allows you to pay a small filing fee ($50-$300), and keep all that you are awarded in a judgement from the court. Sometimes a letter from a lawyer to the offending party is all you need to "remind" your "friend" of his obligations...which can negate the necessity for a lawsuit...which is never a quick option.

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