I live in the state of Pa. I lent a woman in Florida $1200 in June 2012. After attempts to get my money from her still haven't received a di...

Question

I live in the state of Pa. I lent a woman in Florida $1200 in June 2012. After attempts to get my money from her still haven't received a dime. Is there a way I would be able to take her to small claims court by contacting her county in Florida?

Answer

Since the woman is in florida It would make sense to file an action there. I would file in the county where she resides. Perhaps they have a small claims court in that case i would file in the one with jurisdiction where she resides. I trust you have the paperwork to establish you lent her the money.

Answer

You do not "contact" the county in Florida. You will probably need a lawyer unless the forms are online to file a small claims complaint. You file in Florida in the county where the woman resides. After she is served, unless a default judgment is entered because she either admits or claim or fails to answer, you will have to travel to Florida and attend the hearing. Another benefit of filing in Florida is: (a) if she has assets, that is where they are located; and (b) Florida allows wage garnishment if you get a judgment and she works. There is no wage garnishment in PA for a debt of this type. Also, if she has no contacts with Pennsylvania, Pennsylvania might not have jurisdiction over her if you tried to sue her there. However, even if suit could be brought in PA, you would not be able to sue in small claims. Further, if you sued and recovered a judgment, it would not be enforceable in PA if she had no assets there and you would have to transfer it to Florida or any other state where she had assets. All of this dictates to you suing where she lives.

I suggest that you try re-posting your question and directing it to Florida collection attorneys as they may be able to give you more specific advice geared to Florida law.

Before you file a lawsuit, did you have a promissory note evidencing the loan? If not, do you have some documentation showing that this was a loan as opposed to a gift? Did she make any attempt to re-pay any amount? If so, how did she repay? If she did not re-pay, have you made a written demand on her for the money? If not, you need to do so. Again, you may want to hire a Florida attorney to write her a collection letter as the letter will have more emphasis coming from an attorney and may persuade her to pay if its strongly worded.