QUESTION
Can I enforce legl action to get my money back from someone overseas?
Asked on Dec 20th, 2016 on Contracts - New Mexico
More details to this question:
I am from Melbourne in Australia. While I was overseas in LA last December, I met a friend and let them borrow money (around $2.4k AUD). This person lives in New Mexico. They told me they would pay me back within a few days, but it has been a year now and they are not corresponding. They made a $100 payment a few months ago but that is it. Now they aren't responding to calls or messages. Is it possible to enforce legal action to get them to pay the money back? I have their home address, phone numbers and contact information.
1 ANSWER
It is certainly possible to enforce your claim. However, assuming that you have no basis to sue the debtor in Australia, the debtor may be able to force you to appear in the US, for deposition and/or trial. This is not a certainty, as you may be able to obtain a summary judgment based on undisputed facts set froth in an affidavit, and also the Court may allow you to be deposed by video conference, but it is possible, and, along with retaining an attorney, may be more costly than the matter is worth.
Answered on Dec 21st, 2016 at 8:48 AM