Wednesday, June 4, 2014

Hello. I have a few questions regarding collecting on a small claims judgement from a defendant that lives out of state. I live in Iowa, and...

Question

Hello. I have a few questions regarding collecting on a small claims judgement from a defendant that lives out of state. I live in Iowa, and my vehicle was hit by a vehicle owned by Defendant 1 and Driven by Defendant 2. Both were over 18 years of age. They did not have insurance. I sued both, and couldn't get an original notice of action to Defendant 2 as he moved and did not have a forwarding address.

Initially there was a default judgement on Defendant 2, but that was set aside when Defendant 1 did not show up for a pretrial settlement conference. There is now a default judgement for Defendant 1. Here's where it gets really tricky.

Defendant 1 has a permanent residency in Minnesota. Last I knew she was on work detail in South Dakota. She was served an original notice, and replied to me directly with a letter from South Dakota, so I have both addresses. My question is how do I collect on this judgement since she may be in one of a couple places with residency in Minnesota? Do I have to file with both court houses? Or just her normal residence since she told me she was in another state on work detail?

Thank you! If anything needs clarified let me know.



Answer

I think you'll have to contact a Minnesota attorney to get the wheels rolling on your collection, if that is indeed her state of residency.



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