Posted By:
Todd SchultzA formal demand letter should be sent, giving him x days to fully comply with his payment obligations. This is a prudent first step prior to filing litigation, as it may obviate the need for suit altogether. In states where atttorney's fees and pre-judgment interest may be awarded (like Arizona), a demand also shows the court that reasonable efforts were made to avoid judicial intervention when those remedies are thereafter sought.
Also and as a matter of form, a letter from an attorney shows that you are prepared to go to the next level while still affording him a somewhat graceful way out.
If the demand proves unscuccessful, you will likely have to file suit in his jurisdiction, although if he has sufficient contacts with your state (does business there, summer home, etc) then the courts in your state would at least have personal jurisdiction. In that event, you could file at home and argue that the place of his performance (i.e., payment) was in your state, such that the case should be heard there. Plan on that being contested with a motion to dismiss/transfer, however, as the argument is not particualrly strong. Still, if such motion fails and the matter proceeds in your state, that factor alone can provide leverage for him to make this debt good.
Sorry to hear of your plight, and hope it works out well enough in the end.