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Where to file small claims case ???

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  • Richard
    replied
    Where to file small claims case ???

    On Thu, 10 Feb 2005 23:22:07 -0600
    [email protected] wrote:
    I live in Iowa but own a house in Wisconsin. I had some people renting that house and they skipped out on their contract, owing a fairly large amount of rent money, and also leaving a real mess in the house which adds to their money owed. They refuse to ever return my calls or letters, so I intend to take them to small claims court. The problem arises in the sense that they moved to Iowa, which is the same state that I live, but are halfway across the state.
    My question is this: The incident (rental) occurred in Wisconsin, but they now live in Iowa. I also live in Iowa. Where do I file the court case? In the Wisconsin county where they broke their lease, the county in Iowa where they live now, or my own county in Iowa?
    I phoned the courthouse in the county where the house is, in Wisconsin and asked this question, but they told me they can not give out legal advice. I can understand if I was asking advice on how much money to sue for, or how much I can charge for cleanup, or something like that, but this is rediculous. How in the heck am I supposed to file a case if they wont even tell me where to file it? I would expect this to be common public information, and likely a question they get often.
    Then, to add to this matter, I do not have an actual physical address for them, but have a PO Box. This PO Box is confirmed because I sent them a certified letter with return receipt and got the return card back
    Thanks for all help
    Gene Richards

    File a claim in the jurisdiction where the house is.
    Appear in court and explain what happened.
    Most likely, the rentors will not appear thinking they've got you
    snowballed.
    The judge issues you a default judgement since they did not show.

    Now take that judgement and file a claim in your home jurisdiction.
    Now the rentor will be notified to appear in court and once again he will no
    t show.
    Since the court is in the same state as their residency, guess what?
    This court now has the authority to make things happen against the rentors.

    But it's always a good idea to find out if the long arm of the law can reach
    across state lines in a small claims case or not.

    When the rentor fails to appear in two court actions, and has two judgements
    against him, his credit rating goes to rock bottom and he won't be able to
    do nothing until he gets the matter settled.

    Go for it. Slam dunk the turkey twice.

    I am not an attorney and I do not give legal advice.
    I merely participate in a worldwide discussion group on legal matters.


    Leave a comment:


  • Falky foo
    replied
    Where to file small claims case ???

    You can most likely sue in either state, but I'd suggest suing in the state
    where they (and you) now are "citizens" (ie: where you are now domiciled)
    because that's more of a sure thing. It depends upon the code of civil
    procedure in your state where "venue lies," but it's most likely in their
    county. If the county where the breach took place is closer to you, you may
    want to sue them there, but again whether you can depends on that state's
    laws.

    The reason the above information is considered "legal advice" is because it
    doesn't have anything directly to do with a court's specific filing
    procedure, which is all the clerks are able to give information about.
    Deciding where to sue somebody is an entire course in law school and there
    are remarkably few black and white answers.

    I have no idea how to find someone's physical address from their PO Box.
    You may have to file a John Doe complaint and then subpoena their PO Box
    registration info from the post office. Or could hire a PI to do a skip
    trace on them.

    --
    Falky
    San Diego, Calif.
    ----------------
    Disclaimer: This has been the opinion of a law student, not a lawyer.
    Author advises each reader to get the opinion of a legal professional.
    This post is not intended to be legal advice.



    <[email protected]> wrote in message
    news:[email protected]
    I live in Iowa but own a house in Wisconsin. I had some people renting that house and they skipped out on their contract, owing a fairly large amount of rent money, and also leaving a real mess in the house which adds to their money owed. They refuse to ever return my calls or letters, so I intend to take them to small claims court. The problem arises in the sense that they moved to Iowa, which is the same state that I live, but are halfway across the state. My question is this: The incident (rental) occurred in Wisconsin, but they now live in Iowa. I also live in Iowa. Where do I file the court case? In the Wisconsin county where they broke their lease, the county in Iowa where they live now, or my own county in Iowa? I phoned the courthouse in the county where the house is, in Wisconsin and asked this question, but they told me they can not give out legal advice. I can understand if I was asking advice on how much money to sue for, or how much I can charge for cleanup, or something like that, but this is rediculous. How in the heck am I supposed to file a case if they wont even tell me where to file it? I would expect this to be common public information, and likely a question they get often. Then, to add to this matter, I do not have an actual physical address for them, but have a PO Box. This PO Box is confirmed because I sent them a certified letter with return receipt and got the return card back Thanks for all help Gene Richards [email protected] All spam will be returned to sender. Go ahead, spam yourself !

    Leave a comment:


  • Guest's Avatar
    Guest started a topic Where to file small claims case ???

    Where to file small claims case ???

    I live in Iowa but own a house in Wisconsin. I had some people
    renting that house and they skipped out on their contract, owing a
    fairly large amount of rent money, and also leaving a real mess in the
    house which adds to their money owed. They refuse to ever return my
    calls or letters, so I intend to take them to small claims court. The
    problem arises in the sense that they moved to Iowa, which is the same
    state that I live, but are halfway across the state.

    My question is this:
    The incident (rental) occurred in Wisconsin, but they now live in
    Iowa. I also live in Iowa. Where do I file the court case? In the
    Wisconsin county where they broke their lease, the county in Iowa
    where they live now, or my own county in Iowa?

    I phoned the courthouse in the county where the house is, in Wisconsin
    and asked this question, but they told me they can not give out legal
    advice. I can understand if I was asking advice on how much money to
    sue for, or how much I can charge for cleanup, or something like that,
    but this is rediculous. How in the heck am I supposed to file a case
    if they wont even tell me where to file it? I would expect this to be
    common public information, and likely a question they get often.

    Then, to add to this matter, I do not have an actual physical address
    for them, but have a PO Box. This PO Box is confirmed because I sent
    them a certified letter with return receipt and got the return card
    back

    Thanks for all help

    Gene Richards



    [email protected]
    All spam will be returned to sender. Go ahead, spam yourself !
The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
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