I would like to bring my ex-fiance to small claims court . He took my car and title and traded it in for a new car. Then he took the new car and left. I put $550. dollars for a new hitch on the car. I would like the trade in value for my old car and the value of the hitch on the new car. Is this a win able case? I have receipts for the hitch and am trying to get a copy of the car title. Do I need anything else? I now live in Washington. He lives in Illinois is that a problem? Helena
Country relating to Question: United States
State (if USA): Washington
Have the receipts for the hitch.
Wrote letters and sent a bill to my ex.
Wrote to the state of Illinois for a certified copy of title of the trade in car that was mine.
Copies of the bills that I sent to the ex.
He told the Police that he would pay for the hitch.
Have the form for Small Claims Court here in Renton WA, but am waiting for the copy of the title.
Hello there Helena
You have a winnable case for the value of the trade in and the hitch so long as you have documentation to substantiate both items and show the court that you have been deprived of these items. There is only one problem with the case and that is the fact that you are located in two separate states. You can certainly start a small claims case in Washington where you live -- the problem here is that the court will most likely tell you that because he lives in another state, that the Washington court has no jurisdiction over him and thus they may not hear the case. If that happens, then you will have no choice but to file a small claims case in the district court located closest to him in Illinois and you will have to travel there for that court to hear the case (a person can voluntarily go into the court of another state and sue a resident of the other state if it is in the court that is located closest to that person). So, my suggestion here is to complete the small claims paperwork and then speak with someone in the clerk's office about this issue that he is not located in and is not living in Washington any longer and see if they think that the Judge will still hear the case (it is completely up to the Judge) - I would hate to see you spend the filing fee in your local court just to have the case kicked back to you and you get told that you must file the matter in the court closest to your ex.
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13 years experience in Consumer Protection law, in particular construction law and auto repo law
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