This all started in New Jersey. I loaned money to someone that was suppose to reimburse me. Instead, this person stole aprox 80 more from me and almost damaged personal property. I reported this to the police and they said it was a civil matter due to the fact I loaned this person money before. The person then hoped on a plane and now living in California. I'm not sure how to proceed. Is it best to sue in California instead of New Jersey? If I sue in New Jersey, I do not believe this person would show up in court. Perhaps that would make things easier and I can get a default judgement. But how do I enforce a default judgement? I'm unsure what to do. If I sue in California is it possible to have a lawyer represent me without me being there? Or in some other manner?
It is best for you to proceed in California since he has likely taken all of his assets from New Jersey and brought them to California. If you proceeded in New Jersey you would obtain a judgment that likely would have to be domesticated here in California and be a duplication of efforts.
Hi frequently represent people who are out-of-state. Sometimes even out of the country in relation to matters in California. How much does the person owe you and is it memorialized by a written promissory note
Avvo says your own location is in CA, so I don't see any advantage to a NJ court unless NJ law applies, in which case you might want a NJ court deciding the matter. There might be done procedural advantages, but you would have to weigh them against the difficulty you will havr in litigating long distance.
Greg May handles civil appeals, writs, and law & motion matters throughout California in both state and federal courts. This response does not create any attorney-client relationship, and its content is offered solely for information and commentary on California state law (or, if specifically cited, federal law). This response should not be construed as nor acted upon as legal advice.
There are benefits to suing in either state. In NJ you are correct that the cause of action arose there and I assume the breach occurred there so that you could sue in NJ and that the likelihood of the person appearing would be low. You would then register the judgment in CA and have it entered there as a judgment of a sister state and then try to collect. Or you can sue in CA since that is where the defendant resides and then you won't have to register the judgment. You can sue in CA and will only have to appear for trial and possibly for depositions.
If the total amount owed is not large, not likely worth hiring lawyer. You would not likely get atty fees under Ca
law, so you should check New Jersey law on that. You may want to sue in NJ, and then hire a collection agency in Ca to try to collect.
You should sue where he has his assets, if any. In order to get paid/collect, you will have to grab/levy/sell his assets.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline