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I loaned my cousin $3000 USD 5 years ago. I deposited money via check into here account. She was in new Jersey at that time while I was in Texas. She provided her account number via email and said that she will repay it soon. I asked emailed her several times and tried calling her but she hasn't responded. Today (22-Fen-2013) I caught her on phone by Accident and asked whether she intends to pay my money. She said she will call back later and she did not. How do I get her to pay my money. She is probably in New jersey while I am in texas. I have her phone number and probable address found from internet. What can I do? Can I go to Small Claims Court? I want to use legal route to make her realize that she is playing with fire here and she better pay me.
Optional Information: Country relating to Question: United StatesState (if USA): TexasWhat have you tried so far?: I loaned my cousin $3000 USD 5 years ago. I deposited money via check into here account. She was in new Jersey at that time while I was in Texas. She provided her account number via email and said that she will repay it soon. I asked emailed her several times and tried calling her but she hasn't responded. Today (22-Fen-2013) I caught her on phone by accident and asked whether she intends to pay my money. She said she will call back later and she did not. How do I get her to pay my money. She is probably in New jersey while I am in texas. I have her phone number and probable address found from internet. What can I do? Can I go to Small Claims Court? I want to use legal route to make her realize that she is playing with fire here and she better pay me.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.Good evening. Yes, you can file suit against her to get the collection options and leverage you need. You will need to file this in New Jersey. Under N.J. Stat. Ann. § 2a:14-1 et. seq, the Statute of Limitations is 6 years so you still have time. The Small Claims court limit in NJ is $3,000 so you could file this in small claims for the principal, but could not add the interest. To do that, you would need to file in another court. You do not have to travel to NJ to file this, but you would have to go to NJ for the hearing if it came to that. Once the suit is filed and a judgment awarded, you become a Judgment Creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the judgment.Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
I am in Texas. Can I file the case in Texas. I want her to realize that I am proceeding with legal route and do some fireworks without really filing a suit. What can be done? I don't have her actual physical address.
Thanks for following up. If she is not in Texas, you won't be able to file in Texas because you won't be able to serve process on her. The suit needs to be filed where she is located. But, if you want to scare her, you can file this in small claims in NJ ... most of these small claims courts allow you to file your claim online. You can find her address easily by simply paying a college computer science major for about 30 minutes of their time.