I have a promissory note as well as text messages. I have his social security number, full name, drivers license number from Florida, and phone number. He now lives in Richmond, VA and I don't have his current address. I tried everything to get his address and had no luck. I even sent a certified letter to the church he goes to in Virginia and they sent it back to me. How can I sue him? He owes me $1,800.
You may sue where the Defendant resides or where the transaction took place. However, you will likely have to domesticate the judgment in Virginia in order to attempt to collect it. Consult an attorney.
You can sue someone who now lives out of state but the problem is going to be service of the summons. Under the right circumstances, you may be able to obtain service of the lawsuit by publication but ever if you get a judgment, you are going to have a hard time collecting.
Yes, you can sue the defendant in small claims court in Florida. You will need to effectuate service of process on the defendant so you will need to locate him. Since this matter involves an unpaid promissory note, I would strongly suggest that you pay all documentary stamp taxes. The failure to do so may render your ability to enforce the note null. Once you have a final judgment, you will most likely need to record that note in the defendant state of residence and seek enforcement of the same. Hopefully, you have a attorneys fees and costs provision in the promissory note. If so, those attorneys fees and costs should be recoverable as well. Good luck.
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