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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default How to Recover Property or Money From My Ex

    My question involves small claims court in the state of: WI.

    I'm considering filing a small claims suit against an ex-girlfriend of mine. I borrowed her a laptop and an external hard drive. In addition to these items, I have a written contract that has her signature (along with her brother and his fiance) that states they accepted a loan from me in the amount of $2,707. I also have electronic logs (aka chat logs) that confirm this agreement was signed. I also have on electronic record that part of a phone bill would be repaid and the property borrowed were not gifts. Unfortunately I do not have a written record of those agreements, just electronic/verbal.

    I know she recently moved to live with her fiance/husband in either South Carolina or Georgia. She is claiming that the signed agreement was a ruse, that I sold her the laptop, and I owe her for data-entry work that she did for me.

    My questions regarding this are:

    1. Am I correct in assuming that the correct jurisdiction/court I should file a claim is in Wisconsin? (Specifically Milwaukee Co.) as the contract, money, and property changed hands in Milwaukee Co.
    2. Can I sue her individually for 1/3rd of the loan ~$900, or must I sue the party as a group?
    3. If I do/can sue, how do I have her properly served? She resides in another state, and while it's currently possible for me to contact her, she isn't disclosing her address willingly. I asked and she refuses to divulge this information.

    Second Set of questions:
    This is in regards to the other two signatories on the loan agreement. I filed a small claim against each of them, in the amount of $900. I paid to have them served at their last known address and weeks later I received an affidavit of "Not Found" by the Sheriff's Office. The defendants in this case still reside in Milwaukee Co, but through electronic messages are claiming "No Address". I'm unable to have them properly served because I don't know where they are, just somewhere in Milwaukee Co. I've asked them to let me serve them somewhere, just so they can be served to no avail.

    My questions regarding this are:
    1. The fiance has requested I ask for an adjournment and reschedule. Since I can't serve them personally, and they're unwilling to divulge a location where they can be served, would the Court frown upon me having a relative (who's not a party to the suit) serve them on the day of?
    2. It's my understanding that before any alternative service is performed (as in service by publication), I as the plaintiff would have to show 'reasonable diligence' in attempting to locate the defendants. This 'reasonable diligence' seems exceptionally vague. Do you think I've show reasonable diligence by attempting to have them served, calling known associates to get their address?

    Thanks in advance for taking the time to read all of this.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default Re: How to Sue My Ex in Small Claims Court

    For the first set of questions.

    1. Read this, esp. page 5.

    2. There's a back story to this. I'm not going to guess what that is, or what the contract says. Unless for some reason you are contractually obligated to divide the debt, though, I have no idea why you're not trying to bring this as a single action against all three defendants, jointly and severally.

    3. You will hire and pay a process server.

    Second Set:

    1. On the day of what? If you can locate the person to serve him on "the day of (whatever), why can't you have the process server serve him at that time?

    2. That's for the court to determine. If all you've done is phone some random people, though, I'm skeptical that the court will view your effort as adequate.

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