Found an issue on this page? Let us know and we will look into it as soon as possible.
Can a Canadian sue an American in small claims court in Ohio for an unpaid debt?
Anonymous3 views3 answers
I loaned 1,000 to a friend and sent the money to her by Western Union. It was supposed to be repayed in full within 30 days.
I have the Western Union receipts, and I have a text message history which contains her request for the loan, her thank you for sending the money, and then my numerous attempts to work out a repayment plan with her. She acknowledges in the text history that she owes me the money but has not paid back a cent and will not commit to even discussing any new repayment terms or call me to discuss it.
Is this enough to win a case in small claims court in Ohio? I am in Ohio frequently, so filing in person and attending court in Ohio is not a problem.
Yes. You are voluntarily seeking the court's assistance, so you can bring your action where the debtor lives. It sounds like you have enough evidence to support your claim and you are willing to go to the proper court.
L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
I see no reason why a small claims court would not find in your favor, assuming the facts are as you say, nor any jurisdictional problem. The bigger issue, as I see it, is enforcement. Presumably your friend is broke, or she'd repay you. As the saying goes, one cannot get blood from a turnip. Meaning, even armed with a valid judgment accruing interest at a rate established by state law, it's not clear how successful you'd be in actually getting your money back.
Not legal advice as I don't practice law in Ohio. It's just my two cents. If you need legal advice, please consult a lawyer who holds Ohio licensure. That's not me.
Good luck.
