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  1. #1

    Question How To Collect On A Promissory Note

    I live in Colorado now since August, but was in California for the last 10 years. A former friend of mine owes me $7500 and signed a promissary note agreeing to the amount and debt to me, and I had it notarized in California last August before I moved. I'm now at the point where I want to take legal action to get my money back. He is a flight attendant based in Oakland, CA, without a real residence but has a mailing address in Arizona for all his banking and payroll mail. I realize I can take him to small claims court to get a judgement and hopefully send off to collections, even at a $ loss to me to get something and end this, but am I able to go to small claims court in the state I live now (Colorado) or does it have to be California where we used to live and where I had the promissary note signed/notarized? Will I be able to add basic travel expenses to my court request if I do have to claim in CA court? (I believe $7500 may be close to the max of what small claims allows) I'm just not sure what my first course of action should be. thank you for any advice, and if anyone can refer a lawyer either in the Los Angeles, CA or Denver, CO areas, it's appreciated (in case I have to go that route).

  2. #2

    Default Re: How To Collect On Promissary Note

    The problem is going to be service. You can sue him where you can get personal service.

  3. #3

    Default Re: How To Collect On Promissary Note

    Quote Quoting lwpat
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    The problem is going to be service. You can sue him where you can get personal service.
    Anyone else have any more specific advice? Not sure what to really do with this.

  4. #4

    Default Re: How To Collect On Promissary Note

    You can't sue in Colorado unless the defendant has the minimal ties to the state necessary to establish personal jurisdiction over him. And no, generally speaking, you cannot add in the travel costs to go to California or Arizona to sue him, unless it was authorized by the promissory note he signed.

  5. #5
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    Default Re: How To Collect On Promissary Note

    If you have a friend back in California who is willing to act on your behalf, you can formally "assign" the note to your friend, then your friend can sue as the owner of the debt.

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