A former female friend of mine owes me 400.oo bucks I have a contract signed by her,how do i get the cash?

Answer 1

What is Small Claims Court?
The Small Claims Section is a court in which you may sue someone (the defendant) to collect a small amount of money that you believe is owed to you. Because procedures in Small Claims are simpler than in other courts, persons usually can file and present their cases relatively quickly and inexpensively, and often without an attorney. This segment explains how to file a complaint, a counterclaim, or an appeal, and gives general information about Small Claims in New Jersey.

Small Claims is one of three sections of the Superior Court's Special Civil Part. The other two sections are Landlord/Tenant and regular Special Civil Part. Small Claims handles cases in which the demand is not more than $3,000. If the amount of money you are trying to recover is more than $3,000, but less than $15,000, your case should be filed in the regular Special Civil Part. Cases in which damages are more than $15,000 must be filed in the Law Division of the Superior Court.


Following is a general list of claims which can be filed in Small Claims:

Breach of a written or oral contract.
Return of money used as a down payment.
Property damage caused by a motor vehicle accident.
Damage to or loss of property.
Consumer complaints for defective merchandise or faulty workmanship.
Payment for work performed.
Claims based on bad checks.
Claims for back rent.
Return of a tenant's security deposit.


A Small Claims complaint form is available from the Clerk of the Special Civil Part in the county in which the case will be filed. The complaint can be filed through the mail or in person. When filing a complaint, you, as the plaintiff, must:

Give your full name, address, and telephone number.
To ensure proper service of the complaint, give the correct name(s) and address(es) of the person(s) named as the defendant(s) in the complaint. It is important that the defendant be properly identified as an individual, a sole proprietorship, a partnership, or a corporation.
State the amount of money for which you are suing.
State the reason why the defendant owes you money.
State whether at the present time there is any other case involving both you and the other party(ies) and, if so, the name of the court.
Sign the completed form.
Pay the correct filing and service fees when filing the complaint with the Clerk of the Special Civil Part.
If you are filing a complaint because of a motor vehicle accident, a trial date will not be set unless the defendant notifies the Clerk of the Special Civil Part in writing within 20 (or 35) days from the date the complaint was served that the case will be defended in court. [Defendants living or located outside New Jersey have 35 days to respond to a complaint.] If the defendant responds in writing within the 20 (or 35) days, a trial date will be scheduled. All parties will be notified by the court.

If the defendant does not respond within the 20 (or 35) days, the plaintiff may have a "judgment by default" entered. Through a judgment by default, the court decides the amount of money, if any, to be awarded to a plaintiff because the defendant did not come to court or respond to the complaint in time.

Plaintiff

If you are the plaintiff, you must prove your case. Arrange to have any witnesses and records you need to prove your case at the trial. A written statement, even if under oath, is not admissible in court. Only actual testimony in court of what the witness(es) heard or saw will be allowed. Prepare your questions in advance.

Bring to court records of any transactions that may help you prove your case. Such records may include:

Cancelled checks, money orders, sales receipts.
Bills, contracts, estimates, leases.
Letters.
Photographs.
Other documents proving your claim.
If you are able to settle the case with the defendant before the trial date, call the Special Civil Part Clerk's Office immediately.

Defendant

If you are the defendant, you should prepare your side of the case as the plaintiff prepared his or her case. Bring all necessary witnesses and documents to court with you on the scheduled trial date. You must come to court at the time and date shown on the summons. If you do not, a default judgment may be entered against you, and you may have to pay the money the plaintiff says you owe.

The plaintiff and the defendant must come to court at the time and date stated on the summons, unless otherwise notified by the court. Bring all witnesses and evidence needed to present your case.

On the day scheduled for trial, the court may help you settle your case through mediation by a trained mediator. The mediator will try to help the plaintiff and the defendant reach a satisfactory agreement. The mediator is not a judge. If a settlement cannot be reached, your case likely will be heard by the judge on the same day.

***This is specifically for New Jersey but the principle applies to all states.

Answer 2

Since this is my area of expertise.....I'm a Collector....in a Law FIRM...here's my enlightenment on your dilema!!!

First off....You send this friend a letter of a demand (CERTIFIED return receipt) DEADLINE 10 business days. Also send a copy of this same letter of demand regular mail too.

Demand LETTER SHOULD read:
Dear ( ):
This letter is to inform you that the balance of $400.00 is due and payable by: (10 business days from the date of this letter). Please note a copy of your signed contractural agreement is enclosed. If the balance due in the amount of $400.00 is not received by the specified date steps may be taken in Small Claims Court and a judgment may be placed on you for not only the balance due but court costs and legal fees too.

Very truly yours,
(your name)

NOW you have the demand ......YOU wait the 10 business days...you also can call her and demand your $400 too!!! If the female doesn't come thru....SUE her in small claims court. Once the judgment happens....you can attach her bank account or do a wage earner withholding garnishing her wages for the balances do!

Answer 3

contact her, and tell her that if she doesnt pay you you are going to take her to small claims court
its a pain in the *** but its really your only bet
if she doesnt pay up after you tell her your intentions
what choice do you have but to follow up
go to your county court house and ask them there where to go to get the process started
if you have a signed contract you will get your money back out of her per court order or they will issue a warrant for her after a certain amount of time and if she gets pulled over or something like that (or they may even serve her at home if you have her correct address) anyway if this happens she will go to jail and she will have to post your money as bond, i think, to get out
good luck

oh and also it wont cost you anything in the end because she will have to pay your court costs

Answer 4

Take her and the signed contract to small claims Court. Tell her
what your plans are, if she does not pay you. If she still will not pay you, then she is no friend. AND OFF THE COURT you go!

Answer 5

The quickest way to lose a friend is to lend them money. This is the reason the Bible tells us to give and not lend. We are not to ask for the return of the money. My advice is to Christians, so if you are not then all the worldly advice given in your other answers will suffice. Personally I would just call and tell her not to worry about repaying the debt. This will make you feel good, as the other course will not.

Answer 6

If she has not repaid by the dates indicated on the contract, take her to small claims court. If she has broken the agreement she will be ordered to pay. The only catch to this is if she still doesn't have the money to pay you, you only have seven years to collect.

Answer 7

I take it that "former" indicates that you are no longer mates. This makes it a bit more difficult but if she has any integrity she will answer your note/call/email - but tell her that if she leaves you with no choice, then you will have to take matters further legally speaking.
See how she responds before you "take out the big guns" sort of thing. Good luck.

Answer 8

Go to the court house. Ask for the small claims court.

Answer 9

If you have a signed contract by her saying that the money was a loan and she had intended to pay you back you can take her to court. Take her to see "Judge Judy" !!

Answer 10

In most places you would have to take her to court, and hire a lawyer. Each of which would run you more than $400.