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:
A breach of contract is initiated by filing a complaint in the appropriate court and filing a copy on the defendant. In personam jurisdiction is obtained when the respondent/ defendant is properly served with a summons and complaint either by certified mail, by personal service, or by publication (only rarely used and only when the address of the respondent/defendant is unknown).
In order to serve a defendant with the state's long arm statute, the defendant must have minimum contacts with the state. Minimum contacts can consist of either some type of systematic and continuous contact with the forum ("general jurisdiction"), or isolated or occasional contacts purposefully directed toward the forum ("specific jurisdiction"). A single contact can suffice to establish personal jurisdiction, but where jurisdiction is based on a single contact, the nature and quality of the contact is determinative. The principal test of foreseeability in a due process analysis "is that the defendant's conduct and connection with the forum state are such that he should reasonably anticipate the possibility of defending a suit in the forum. Ownership of property in the state may satisfy this requirement.
You should be able to file your pleadings by mail. A certificate of service must be attached to show that a copy was delivered to the other party. Retain a copy for yourself. I suggest contacting the clerk of court to inquire about applicable procedures, such as the number of copies needed and 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.