If all you have as proof is a cancelled check. Even knowing it's not enough to win.
2007-11-01 18:54:00 · 42 answers · asked by Anonymous in Entertainment & Music ➔ Polls & Surveys
No it is not worth your time, plus court costs are more than that!
2007-11-01 18:56:22 · answer #1 · answered by allspells 2 · 1⤊ 0⤋
Yes. If you wrote the check to someone and they cashed it then it means that they had to sign it. Even if you wrote the check out to cash their signature will still be on the back. Verbal agreements are harder to prove. If there is anyone besides the two of you that knows about the agreement then have them come to small caims court to testify on your behalf. Small Claims court has a lower burden of proof then lets says criminal court. But do not only sue for the $100.00 also sue for any court costs. This way you are not out any money. Make sure that you prepare for court, Have the dates written down and short sentences to keep you on track of what you want to say. If you have any records of communication like email, phone calls, messages etc talking about the repayment print those out or bring the tapes in to the court. The more proof you bring in the better off you are. If you walk in with just a cancelled check and say I loaned this money to Joe Blow and he promised to pay it back. The judge will turn to Joe Blow and ask if this is true, Of course Joe Blow is going to say no your honor he gave me this money as a gift or he gave me this money to pay for something. It then comes down to a he said he said thing, And the judge will not be able to rule in either parties favor. So try to gather up more proof. What the 100.00 was for. The date that you gave it to whomever. How did it come about ( why did the person ask for it) Did anyone else know about it. What were the terms of agreement? (how long did you give the person to pay you back) Have all of this information ready and available that way when the judge asks you can calmly state your case. If you are rattled and just guessing the judge won't be happy. Good luck to you
2007-11-01 19:05:16 · answer #2 · answered by D and G Gifts Etc 6 · 0⤊ 0⤋
Considering court costs, and the small amount of proof that you know isn't enough to win, I would say yes you can take them to small claims court, but it's not worth it.
2007-11-01 18:57:44 · answer #3 · answered by Sweet Lou Singer 3 · 0⤊ 0⤋
if the person who owes you money will not pay you back, consider this thought that my father instilled into me as a youngster.
1/ never lend more then you can afford lose. (don't forget that accepting a cheque is an unsecured loan, usually for three days).
2/ never lend to anybody you don't think you could guarantee repayment (by using force, selling their collateral to recoup your money, blackmail etc) only joking here, but do you see what i mean "guarantee repayment"?
3/ if after you followed these rules you are still unable to recoup your money, there is nothing left for you to do then think to yourself that for the measly sum of say $100 you have ridded yourself of an absolute Aristotle from your life. and thats a bargain!
i know the rules are a little late for your case, but consider rule 3 on this one. legal action is not cheep, especially if you lose, or the money is not repaid anyway.
i hope the rules will help you in the rest of your life.
2007-11-01 19:26:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Consider what your time is worth. Would going to court interfere with your work or school? Would you lose brainspace ruminating about it? If the latter, it is worth gong to court for the therapy/satisfaction it would give. Monetarily you will come out about even. You may get a smile out of it.
2007-11-01 19:14:37 · answer #5 · answered by syrious 5 · 0⤊ 0⤋
Nope, you would spend more money in court costs and travelling back and forth. Just let everyone know not to trust that person with checks.
2007-11-01 18:57:25 · answer #6 · answered by Ashley 4 · 0⤊ 0⤋
if it was over sa 200 then yes but you have to remember the court charges and if it was only $100 then no becuase you will be paying more to go to court about it
2007-11-01 18:57:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Not for $100. Small Claims Court is far too involved for such a relatively small amount.
Um, do you have any teamsters or burly truck drivers in your family?
2007-11-01 18:57:47 · answer #8 · answered by The Snappy Miss Pippi Von Trapp 7 · 0⤊ 0⤋
Not if it would cost more than that to file it in court. You'd have court costs including serving the other party, which could rack up.
2007-11-01 18:56:29 · answer #9 · answered by Michelle G 5 · 0⤊ 0⤋
Depends. What will going to court cost you? Do you have to miss work? How far away is the courthouse -- whats the gas going to cost? Parking is expensive...
Probably chalk it up to live and learn (and egg his car)
2007-11-01 18:57:20 · answer #10 · answered by euphoricism 2 · 0⤊ 0⤋