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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Small Claims Filed, Defendant Moving Out of State

    My question involves small claims court in the state of: Washington

    I filed a small claims suit at the beginning of the month (Feb). The defendant was served at their current home residence this week. The defendant contacted me to inform me that they are moving to Texas next week and since they are now a Texas resident, they can get the claim dismissed. This smells like BS to me. Can anyone verify?

  2. #2

    Default Re: Small Claims Filed, Defendant Moving Out of State

    seems like since they where already served.that if they didnt appear.they would be in default.just because they are moving the case doesnt stop.

  3. #3
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Small Claims Filed, Defendant Moving Out of State

    Try and settle out of court. If you don't settle out of court, inform them that if they do not appear then you will automatically be granted judgement and they will have to pay anyway.

    http://www.courts.wa.gov/newsinfo/re...&fileID=noshow

    Moving to another state does not make you exempt from court rules.

    Brendan

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Small Claims Filed, Defendant Moving Out of State

    There is only one thing that matters. They were served.

    If they do not file an answer or appear in court, you ask for a default judgment. You should get it, though the court might reschedule the case to give the defendant time to appear. I doubt the latter will happen in small claims though.

    It was nice of them to let you know what state they are moving to.

    Give them a chance to move. Then send a letter to them, anything will do.
    Put on it, DO NOT FORWARD. ADDRESS CORRECTION REQUESTED.

    The post office will return it to you with a small fee due, and they will kindly let you know what the change of address is.

    Then you find a civil attorney in the county where they live. He files your judgment in that county with the clerk of court and then can collect it. Won't they be surprised when they get served a subpeona to come in for a deposition to detail all of their assets, bank accounts and the like, which your attorney can then seize up to the amount of the judgment.

    Ask the court to award court costs and interest as well at the default hearing.

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