QUESTION

Loaned son-in-law $6000 to buy a truck in Alabama.

Asked on Mar 07th, 2018 on Breach of Contract - Alabama
More details to this question:
I live in Fla. so not feasible for me to travel to AL to small claims. He has since divorced my daughter and remarried.. How can I sue him in small claims. Willing to hire an attorney if necessary. Yes, I have a signed loan agreement. However, husband does not know I loaned the money, so I cannot receive phone calls regarding this. I can be reached by email only.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If you can't travel to Alabama, you will have to sue him in Florida (absent a default, you're going to have to go to court to testify to prove your case), but it is not clear that Florida would have any basis to exercise jurisdiction over him, that depends on whether and to what extent he has any contacts with Florida, e.g. does he own any property there, visit often, do any work there, etc.  Small claims courts are normally courts of limited jurisdiction in which you can't sue an out of state resident so, unless the Florida small claims courts are different (call the court to ask), you would have to sue him in a court of general jurisdiction.  One other possibility is if you have somebody in Alabama who would want to buy your claim, but you would still probably have to go to court to testify.
Answered on Mar 08th, 2018 at 2:45 PM

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