A active military member owes me money and refuses to pay the balance of $1275. He paid half previously. He is stationed in japan and contacts to his supervisor has proved futile. How do I collect my money.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Threats to the supervisor are typically not going to be effective. They teach the commanders in the commanders course to ignore complaints from debt collectors and to force them to use the civil process. The commanders are good about doing just that. You have a few options1. You can wait for his return. Once he returns you can sue him to recover.2. You can file suit now and pay a lawyer to have him served in Japan. Japan is a member of the Hague Convention for Service of Process...so it is possible to have him served in Japan, but you would need to work with a lawyer.The good news is that his absence from the state will cause the statute of limitations to hold (not to run)...so you can want for him to return and that will not impact your ability to sue.
I live in Florida, can I file a small claims suit here and then get a lawyer in japan to serve him.
You can. But you need to work with a lawyer who understand the Hague Convention...since they need to work through the US Embassy in Japan to effect service. Its not complex...but you need a US not a Japanese lawyer to make this happen. Basically, you need a Florida lawyer who understands the Hague convention on service to help you effect service. They can help you ensure that you get proper serviceLet me know if you have more questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).