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Barrister, Attorney
Category: Legal
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Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I loaned a person money who lives NY. I live in Illinois. The

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I loaned a person money who lives NY. I live in Illinois. The contract was done via emails. Do I file small claims in NY? Or Illinois? Any other options?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
You are correct in that small claims would be your only recourse to pursue this legally if the borrower has breached the contract to repay you. The problem is that you would have to travel to NY to file suit against them because NY is the state where you could get personal jurisdiction over the borrower. You can't file in IL because IL has no jurisdiction over the borrower so couldn't compel him to come there to defend against the suit.
The small claims limit is $5,000 and you can also recover your court costs. You can't recover things like travel expenses or your lost time though.
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