friend owes money - should i go to small claims court?

What is the name of your state? TX

I lent freind $3000 interest-free in 8/01 to be paid back 12/31/2003 - he was goign through divorce going back to school, hard times, thought i would help him out. Initially I sent him the check (he lives in OH) with a contract.

He stopped communicating with me in early '02 and after not getting paid, i tracked him down in january '04. He said he'd need a few months to get payment together. Long story short, he finally said he'd pay it all by 4/30/04. No payment and no response from him since 4/30.

I want to take him to small claims court (in OH?). Is this the best way to handle it? Should I speak to a lawyer first? He doesn't have much money or assets so I don't know if I can collect on a judgment. However, I have no reason to believe he will ever pay me back on his own. I was hoping he would try to settle before the court date.

I have all emails between us where he makes excuses for not paying and copies of the checks. I don't have the signed contract anymore.

It would probably cost you more than what it's worth , but it's your choice. You'd file where they live.

It's an old matter, but since you have proof of communications recently, you may be able to argue you have a right to be heard because on the grounds of " date of last communication" .

If your awarded a Judgment they are valid for a period of yrs., then renewable.

If they have no assets and you see no amount of money in the future for them, you'd probably be out what you incur too.