What state do I file a small claims lawsuit in? 6 Answers as of February 20, 2012

I loaned the defendant money when we both resided in WV. He moved to VA and I loaned him more money. He defaulted on all loans. I have since moved to FL. He still lives in VA. Where should I file???

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Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
Generally, cases for breach of contract (which includes a bad debt) are brought in the state where the contract was entered. Here there are two states, so you're probably best off going to where he is. In commercial transactions the parties can agree to other venues, but I'm guess you had no separate written agreement. You probably can't sue him in Florida because you'd have no way to get jurisdiction over him. So I'd say your best bet is suing him in VA in the county where can be found. You should be able to sue for both debts there. Good luck.
Answer Applies to: Florida
Replied: 2/20/2012
David Hoines Law
David Hoines Law | David Hoines
Virginia, where he lives
Answer Applies to: Florida
Replied: 7/21/2011
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
You should file in Virginia so the judgment you get will be a Virginia judgment.
Answer Applies to: Florida
Replied: 7/20/2011
Allen Murphy Law
Allen Murphy Law | W. Riley Allen
More likely that not, WV or VA or wherever he resides at the time you file suit. The place where the contract is made is one proper location or where the defendant resides.
Answer Applies to: Florida
Replied: 7/20/2011
Kirshner & Groff
Kirshner & Groff | Richard M. Kirshner
Probably VA.
Answer Applies to: Florida
Replied: 7/20/2011
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