Civil - Friend owes me money in Michigan

[Tami286]

Hi - I am writing from Michigan.

I loaned 2 friends some money over a year ago. They were both roommates at the time, and they have since moved out. I am taking them both to small claims to try and get the money they both owe me.

We did not have a written "contract", just verbal agreement that they would pay me back. Now we are on bad terms, they are saying I gave them they money, I didn't loan them the money so I felt the only way I would see my money is to take them to small claims. The only proof I have is cancelled checks that I had written to them. My question is, "What are my chances of winning the judgement?" "What else may I need besides the cancelled checks?" One of the defendants lives out of State, if by chance he wins, can he sue me for his airfare and loss of work days?

We have a court date for October 18th, 2000. Any advice/help you can provide would be greatly appreciated.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

The person who lives out of state CAN always sue you for whatever. BUT HE CANNOT COLLECT HIS COSTS FOR ARRIVING TO COURT --- i.e. what you are thinking of is this: when you have a written contract that states loser pays all reasonable court costs and/or attorneys fees, then they can collect if they win.

Since you didn't have a written contract or this provision, then you are safe in that sense.

As to the loan, always make sure when you loan money via a check, to write "this is a loan" and write the last date they are to pay you back on on the check in the notes section on the front.

Just bring your cancelled checks and any proof you have of why they needed the loan (car accident/school books/medical bills/etc).

Also, you are on the wrong board. Try business and finance next time. : - )