Legal Question in Civil Litigation in Florida

My ex-boyfriend owes me $7,500 dollars. I have a promissory note that I drew up myself and he signed and dated that he would pay me by May, 2013. It's August 2013 and he is not answering calls, e-mails, texts, and I have seen no money. I want to take him to court. I am in Florida and he is living in Fairfax, VA. We lived in Alexandria, VA together and that's where half the debt was made (he moved to Florida with me and when we broke up-he moved back). I am a full-time student and I really don't have the money to pay to go to Virginia, or pay for an expensive attorney. What can I do? I have contacted the courthouse in Fairfax and they sent me information but I am still very confused. Please help.

-Stressed Student


Asked on 7/29/13, 6:26 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

The debt was made in Virginia? Did he pay you anything on that debt while in Florida? Does the note provide for attorney's fees for its pursuit? I would start by hiring a local attorney to write a demand letter and see what happens from there. You can get an attorney to handle on a contingency basis down here if he has assets that can be pursued. A local attorney should be able to guide you in the right direction.

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Answered on 7/29/13, 8:31 pm
John DeLancett Law Offices of John DeLancett, PL.

Where was the note signed? Where was the money lent? Does the note specify where payment is to be made? Depending upon these and other facts you may be able to establish jurisdiction in Florida and sue him in Small Claims Court here without an attorney. HOWEVER, a practical problem is that, in order to collect the judgment, you will probably have to go to where he has asserts and that will probably be Virginia. Most States have a procedure under the Uniform Foreign Judgments Act to register an out of state judgment in another state and then enforce it under their law. It may be simpler to just sue him in Virginia.

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Answered on 7/30/13, 7:35 am


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