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The Water Cooler
General Discussion
Small Claims Court or other remdies. Can I do this?
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<blockquote data-quote="henschman" data-source="post: 2824695" data-attributes="member: 4235"><p>The legal issue this comes down to is whether Oklahoma has personal jurisdiction over the guy. To have specific personal jurisdiction over an individual, he must have "minimum contacts" with the jurisdiction you are wanting to file in. It really helps that his contact with Oklahoma is the same transaction your claim arises from. I think you have a strong argument for personal jurisdiction. I say go for it. And forget small claims -- go big. Ask for punitive damages over $10,000.00. The kind of blatant fraud he committed is exactly the kind of thing that courts grant punitive damages for. If you file suit here in your county, you will have to pay a process server to serve him in his state. Some of the bigger process serving agencies will probably have contacts in all states that can get this done for you, instead of having to pay someone to drive from here to Ohio. Like others have said, you will have to collect on any judgment you get. Probably the best way would be to file for a Hearing on Assets here in Oklahoma and having him served. If he doesn't show up, a warrant will be issued here and will show up any time he gets pulled over or anything. It might be enough of a pain for him that he would pay you some money to make it go away. Other than that, you'd have to register an out-of-state judgment in Ohio and go there to levy on his property. </p><p></p><p>Definitely follow up with criminal complaints, as others have suggested. That might be the surest way to get you paid back. Hopefully he was stupid and used USPS.</p></blockquote><p></p>
[QUOTE="henschman, post: 2824695, member: 4235"] The legal issue this comes down to is whether Oklahoma has personal jurisdiction over the guy. To have specific personal jurisdiction over an individual, he must have "minimum contacts" with the jurisdiction you are wanting to file in. It really helps that his contact with Oklahoma is the same transaction your claim arises from. I think you have a strong argument for personal jurisdiction. I say go for it. And forget small claims -- go big. Ask for punitive damages over $10,000.00. The kind of blatant fraud he committed is exactly the kind of thing that courts grant punitive damages for. If you file suit here in your county, you will have to pay a process server to serve him in his state. Some of the bigger process serving agencies will probably have contacts in all states that can get this done for you, instead of having to pay someone to drive from here to Ohio. Like others have said, you will have to collect on any judgment you get. Probably the best way would be to file for a Hearing on Assets here in Oklahoma and having him served. If he doesn't show up, a warrant will be issued here and will show up any time he gets pulled over or anything. It might be enough of a pain for him that he would pay you some money to make it go away. Other than that, you'd have to register an out-of-state judgment in Ohio and go there to levy on his property. Definitely follow up with criminal complaints, as others have suggested. That might be the surest way to get you paid back. Hopefully he was stupid and used USPS. [/QUOTE]
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