The process in the states is called small claims court.
You don't have to have a lawyer... which is good since a lawyer normally takes 33 - 50% off the top.
You can get the paperwork from a clerk of court in the city you want to sue them.
The court advises them of the suit... and if they don't show up to defend themselves, you win by default.
The question is, what do you win. Simply a court decision.
Thererfore it is better to do one of two three things...
1. Sue in his hometown... so the shit can be tried for what's called contempt of court if he does not abid by the courts decision in your favor.
2. If a lawyer is involved, they normally will be sure to get their money, so they will badger the shit to death if he doesn't pay... plus take him back to court.
3. Sell the debt to a debt collector... but you only get about 10 cents on the dollar. They breaks his legs if he doesn't pay... but you are not responsible.
One other thing... since I assume you are not US... If you win or lose, you are responsible for your own legal fees in the US. Therefore, when you sue the shit, be sure to ask for your legal fees to be reimbursed... or you are shit out of luck.
Hope this helps a little.
Good luck.
|