Full question:
I have an investment note due for payment to me since Sept. 09. I want to try to collect on the amount due from the individual in Idaho. he owes me with principle and interest approximately 50k. I have his personally signed note for that amount. What can i do to start collection and or criminal procedures?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Indiana
Answer:
To collect on your investment note, you may need to initiate a breach of contract claim. Start by filing a complaint in the appropriate court and serving the defendant with a summons and complaint. This can be done through certified mail, personal service, or, in rare cases, publication if the defendant's address is unknown.
In Idaho, you must establish in personam jurisdiction over the defendant, which means they need to have minimum contacts with the state. This could be through systematic and continuous contact (general jurisdiction) or specific, purposeful contacts with the state. Even a single contact can suffice, depending on its nature and quality.
When filing, you can submit your pleadings by mail and must include a certificate of service to show that the other party received a copy. Make sure to keep a copy for your records. It's advisable to contact the clerk of court for details on the filing process, including the number of copies required and any applicable fees.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.