I loaned a so called friend 600 dollars about 3 years ago. She promised to pay it back after Christmas of the same year. I have not gotten a dime as of date. Can I take this person to small claims court and if so, what kind of documentation do I need and what will this consist of?
2006-06-15 21:55:52 · 7 answers · asked by Anonymous in Politics & Government ➔ Civic Participation
It certainly can't hurt since it may be the only way of getting your money back. The cost of filing for small claims is minimal. Any documentation you have pertaining to the loan (promissory note, e-mail acknowledging the loan, etc.) will help your case. Try to get something more than your-word-against-hers; something that proves you actually loaned her the money. Good luck!
2006-06-15 22:02:09 · answer #1 · answered by druid 7 · 1⤊ 0⤋
Anytime you lend money to a "friend", always request a signed promissory note and have a witness sign it too if possible. That way, if you take the person to court, you have a valid case and an automatic witness to support your case. They might get offended but if they really need that cash, they'll sign it. Cover yourself, they will get over it.
You also need to check your states laws for the statute of limitations. A statute of limitations limits the amount of time that you can file a suit against someone in a civil court. Because you waited so long, your time limit may have expired and your case may be thrown out even if you can prove that the money was in fact loaned.
Hope that helps.
2006-06-16 02:15:57 · answer #2 · answered by Mocha_latta_ice 4 · 0⤊ 0⤋
You must go to small claims court, if you have sufficient time to waste PLUS the receipt obtained from your friend while making a loan to him, with clear undertaking that the amount was taken by him as loan with mention of the period of return.
But if you don't have any such document to prove that you actually gave him any loan, there is no use to go to the court. In that case it is better to ask him to pay the amount in easy monthly installments, if he is unable to pay in lump sum.
2006-06-15 22:05:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Get as much info as you can. Signed promissory note, something stating that you LOAN the money. What people's Court or Judge Judy.
dp
2006-06-21 05:49:54 · answer #4 · answered by mikemadie 4 · 0⤊ 0⤋
When you loaned the money did you really expect to get it back? If you did and now this friend does not acknowledge that she owes you the money you might reconsider if she is really your friend. If you do consider your friend and do not want to lose that friendship, then think of the money as helping that friend out when she needed that help and you were there to help. Friendship does cost us, but we have to determine what that cost should and if we are willing to pay for it. (That cost does not always involve money)
2006-06-16 04:01:46 · answer #5 · answered by ike11754 2 · 0⤊ 0⤋
first you have to proff it that you gave her the 600 $ after that it will help too if you can proff it that she told you that you get it back . Yes take her then too the small claims court
2006-06-15 22:04:06 · answer #6 · answered by gabrielenebroski 3 · 0⤊ 0⤋
you need something in writing. otherwise it's her word against yours.
2006-06-15 22:02:56 · answer #7 · answered by soupdragonz 2 · 0⤊ 0⤋