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Small claims court

 
isl3985
(@isl3985)
Advanced Member

Not sure how the law works there, but can a VI resident sue someone who doesn't reside in the VI and vice versa? Or do both parties have to reside in the same jurisdiction in order to make a suit?

Thanks.

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Topic starter Posted : February 24, 2017 11:10 pm
Alana33
(@alana33)
Expert

I don't think you can do that in small claims court.
Possibly if they have property here but don't reside here you can file a lien.
Call the court and ask.

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Posted : February 24, 2017 11:16 pm
isl3985
(@isl3985)
Advanced Member

How long does it usually take to process a lien? Immediately or a few weeks "processing time?"

Thanks

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Topic starter Posted : February 24, 2017 11:23 pm
Alana33
(@alana33)
Expert

Can't say.
Call Lt. Governor's Office and ask what the process is or call court.

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Posted : February 24, 2017 11:42 pm
daveb722
(@daveb722)
Trusted Member

Not sure about the VI, but in NY first thing is you would need to win a judgement, then get a copy of it, file it with the county here and then if they ever sell, you may get your money. If they claim bankruptcy and sell the home, you do not collect as most of the monies go to the mortgage company first. Probably not worth your efforts if they live stateside. Not sure how much, but if a few thousand or less,. just move on. In a few years you won't even worry about it. I'm talking from experience here, again, things may be different in the VI, but I think you will have a hard time collecting.

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Posted : February 25, 2017 12:59 pm
SausageInTheCan
(@SausageInTheCan)
Advanced Member

It could still cause a major head ache for the seller. They would not be able to sell the property until the judgement is satisfied. It most likely will not be discovered until a title search is done right before closing. Sometimes it is not whether you win or lose but how the game is played.

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Posted : February 25, 2017 1:27 pm
daveb722
(@daveb722)
Trusted Member

In NY, the lien only last 20 years, then you need to re-file it.

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Posted : February 25, 2017 10:03 pm
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