My cousin owes me $10,000, and still hasn't payed me a cent. I want to take him to court?

Question

I don't have any legal document signed that he owes me this amount of money, but I have witnesses. Do I go to probate court or what court? He owes me the money for 3 years now, and has not payed me anything.

Answer 1

Small claims court. But the maximum they can pay you is $5,000, that's why they call it small claims. Without written documentation, your case is weak, but it might be worth a try. Good luck.

Answer 2

While small claims court is a bit easier for the person who does not have a lawyer, for that amount of money you would have to file in a higher court.

You would have to get affidavits from each person who is a "witness". And probably would have to make an affidavit of debt yourself.

No matter which court you file in, if you plan on doing this on your own, you will HAVE to know your states rules of civil procedure and follow them to a T. You will also have to know your states statutes, even the statute of limitations. Reading and understanding state statutes is not easy. It is a lot of work.

I doubt that a lawyer would take this case on, and in fact, I would be leery of any lawyer that would. That kind of lawyer would know that you have a weak case and wouldn't care as long as you are shelling out the money.

For all you know, your cousin may be legally past the statute of limitations to pay you back.
Which, if your cousin is, could very well be brought up in court as a defense.

I agree, you do have a weak case if you have nothing in writing.

Your affidavit and the witnesses affidavits might(?) help, if the affidavits are done according to your states rules.

Answer 3

look u have to ask him more and more and try to ask a memebers of ur family to ask him pay back ur money to u
if he didnt listen to anybody then go to the court and no one can blam u

Answer 4

Unfortunately, witnesses are probably not enough.