What is the name of your state? CA.
Beginning in July 2005 a friend came to me asking if I could loan her money. She was adament that she would pay me back. At the time she did not have a job but was trying to get her business up and running. I paid her rent that month and other bills for her over the next few months. When she could no longer afford her apartment, her and her kids moved into my house for 3 weeks while in transition. I wrote a few checks to her and paid business expenses on her behalf. For a total of $5200.00.
She has continuious promised to pay me back. Every week she says "i'll pay you when my check arrives". She has made 9 appointments with me to bring me a payment. She canceled everytime. The one time I received a payment($37.00) towards the loan. I had to go get it from her (she couldnt make it to my house to make the payment). She agrees she owes me the money. I have an email from her stating she owes the money and she attached an itemized list. Her total is only $3300. The items she left off were all checks. I have the canceled checks that were made out to her. I did not write loan on the memo but she did include some of the checks in her list. In addition some of the checks, she made out to herself. She had access to signed checks (I was on vacation and left checks signed for my bills.) and made them to herself to cover her negative account balance.
Do I have a case in small claims in CA? (I already filed and served her)
What would be the best way to present my evidence?
She has tired to turn it into a personal attack. I only want to be paid back for loaning her money for her personal use and business needs.
Beginning in July 2005 a friend came to me asking if I could loan her money. She was adament that she would pay me back. At the time she did not have a job but was trying to get her business up and running. I paid her rent that month and other bills for her over the next few months. When she could no longer afford her apartment, her and her kids moved into my house for 3 weeks while in transition. I wrote a few checks to her and paid business expenses on her behalf. For a total of $5200.00.
She has continuious promised to pay me back. Every week she says "i'll pay you when my check arrives". She has made 9 appointments with me to bring me a payment. She canceled everytime. The one time I received a payment($37.00) towards the loan. I had to go get it from her (she couldnt make it to my house to make the payment). She agrees she owes me the money. I have an email from her stating she owes the money and she attached an itemized list. Her total is only $3300. The items she left off were all checks. I have the canceled checks that were made out to her. I did not write loan on the memo but she did include some of the checks in her list. In addition some of the checks, she made out to herself. She had access to signed checks (I was on vacation and left checks signed for my bills.) and made them to herself to cover her negative account balance.
Do I have a case in small claims in CA? (I already filed and served her)
What would be the best way to present my evidence?
She has tired to turn it into a personal attack. I only want to be paid back for loaning her money for her personal use and business needs.