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I want to sue my nephew for $1913.38 that he has owed me for

over 2 yrs. He lives...
I want to sue my nephew for $1913.38 that he has owed me for over 2 yrs. He lives in IA and I am in SD. I've been told it has to be done online
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Answered in 1 minute by:
6/4/2012
AttorneyTom
AttorneyTom, Attorney
Category: Legal
Satisfied Customers: 9,176
Experience: Attorney
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Thank you for the opportunity to answer your question. I am sending this message to you only a few minutes after you submitted your question.
To clarify, the court wants you to submit paperwork online. You want to know if there are alternatives. Is this correct?
If that's not what you want to know, please tell me know you want to know using Reply.
Thank you.
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Customer reply replied 5 years ago
Yes, what other method could I use?
Thank you for your message. A small claims suit can be filed at the Clerk of Court's Office. You should be able to submit your filings in person or via fax. You should also be able to get hard copies of the forms at the Clerk's Office.
A related note. You mentioned that your nephew is is another state. That could create an issue if you're trying to sue in your state, as your state may not have jurisdiction over him if he has no ties to your state. Therefore, he could potentially challenge the court's jurisdiction and the suit may need to be filed in his state. You can handle the lawsuit yourself but I would recommend having an attorney represent you or at least advise you periodically throughout the process. Your attorney will evaluate your state's jurisdiction over your nephew to help you determine which state to file in and, if you hire an attorney in his state, your attorney can actually represent you without you present. Realistically, this can be a great investment and, if you win, the court can order your nephew to pay your attorney's fees and court costs as well.
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Customer reply replied 5 years ago
I've talked to the clerk of courts in Iowa and they state that everything has to be done online. I there a site to go to that is just basic that I can possibly print off and send in to see if they will accept it.
Thank you for your message. It seems odd that the Clerks Office would only accept filings online.
In which county is the matter?
Thank you.
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Customer reply replied 5 years ago

This is in Monona County in Iowa

Thank you for your message. It appears that Monona has made electronic filing mandatory. Federal court and some especially busy courts have done so and it is gradually becoming more common. Iowa counties are quickly adopted EFiling.
The EFile system is located here: https://www.iowacourts.state.ia.us/EFile/
Small claims forms are located there as well.
AttorneyTom
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