QUESTION

Can I file a lawsuit?

Asked on Oct 21st, 2014 on Breach of Contract - New York
More details to this question:
Hi, I sold a car to a Filipina who is currently employed in the US until July 2015. We signed a contract that she will repay me for the car every month and will completely repay me by the end of October. It's almost the end of October and she hasn't sent me a single penny yet. However our contract only states her name and her signature (there's no date of birth or address) but there is also a witness signature and then we have eye witnesses. Also I have left the US and I am currently situated in Europe. The amount she owes me is 3500 USD. Please advise what can I do? Do I have enough evidence to file a lawsuit? And can I file a lawsuit from abroad? Thank you
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You can sue her for breach of contract, but it will be difficult to serve her if you don't know her address.  You can file the lawsuit from abroad, but, unless she admits that she didn't pay you,  you're going to have to appear in Court at least once to testify to that fact (no one else can testify because no one else has personal knowledge.)  As I don't know the law of the jurisdiction in which you currently reside, I can't tell you whether you can sue her there.
Answered on Oct 21st, 2014 at 2:25 PM

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