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Somebody Owes Me Money. Need Legal Advice.

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jstelt21

Junior Member
What is the name of your state?

Georgia

I apologize if I include too much personal information in this post. I've never done this before, so I don't know just how much information is important and what I should leave out. I'll just summarize the whole thing the best way I can.

On December 8th, 2007, I sent a moneygram for the amount of $1800 to a friend's (ex)fiance in order for them to pay first month and security on an apartment when they ran into an issue with their (His) bank and it locked up. With the transfer fee, the total amount loaned came to $1880. I was promised by the guy that he would reimburse me in full.

He has managed to pay me $575 of that (mostly out of being pressed by my friend/his (then)fiance to do so) to bring the total amount owed to $1305. However, due to my friend leaving him, he no longer seems to be intent on paying me, and is instead ignoring my every attempt to contact him. I've sent him emails, instant messages and have not heard a single thing from him in nearly a month. And knowing the kind of person he is, he is just going to continue to ignore me as long as he has no legal obligation to pay.

My question is, do I have a case? And if so, what should I do to go about this and get him to pay me what he owes me?

As for proof, I have all of the original receipts for the moneygram stating the amount, the date, the recipient and his bank info. I also have tried to get him to sign something saying he will pay me, but he blew that off. All I have in regards to his agreement is an Instant Message in which he tells me Yes, he will pay me, and actually plans to send out a check next payday. Well "next payday" was two weeks ago, and I've not heard from the guy since then, and frankly, I don't expect him to live up to his word on his own.

Can anybody give me some advice as to how I might go about this and get my issue resolved?

Thank you for any help offered, it is all greatly appreciated.


Edit: Oh, also, the person lives in Massachusetts, if that matters.
 
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jstelt21

Junior Member
Ok, so if I've resolved to take him to MA Small Claims Court, I have a couple of questions.

I am on the brink of sending a 'stern' email to him, as sort of a last chance to own up to his word or respond to me. And I would be including the fact that if he did not reply to it in a reasonable amount of time, I'd be seeing him in Small Claims Court. Would you guys recommend I not do this? Is there any way that can be used against me?

And since I've never done the Small Claims Court thing before, how should I go about it? Should I pay for legal advice to ensure I don't go to court unprepared? Would I need more than my moneygram receipts and a text document of the Instant Message conversation? What if he just decides to lie and claim I must have composed the entire conversation myself, because he never agreed to pay me? And how does Small Claims Court work? Do I usually just talk to someone and set up one specific day when myself and the defendant would meet in the courtroom in MA and meet with the judge? Does it take more than one day? I need to know, as I would have to fly to MA specifically for this.

Can anyone recommend the best way to go about setting this up? Is there a way to do it online, or should I call the courthouse in MA? Who do I need to talk to and what should I do to set this up?

Thanks for your help. Any details or instructions would be greatly appreciated.
 

SF439

Member
Just go to the small claims office, fill out the packet. You will have to have his name, address the amount you are suing for and what you are suing for. Breach of contract, etc. You pay the fee to file it. You also should pay the clerk to serve him, they will do so through certified mail. It's a small fee.
They will send you a notice and him of when your court date is, if they don't do so right then. You'll show up and present your case with the receipt. If you printed the instant message, great. If not, do you have the cancelled check of him paying you the 500?
If he's not in your state he probably wont show and you will win by default.

Collecting with him being in a different state will be tricky because you will have to file papers in his state to have the ruling enforced. But if you have his bank and account info, you can attach his account or income if you know where he works. But you have a good case.

Ok, so if I've resolved to take him to MA Small Claims Court, I have a couple of questions.

I am on the brink of sending a 'stern' email to him, as sort of a last chance to own up to his word or respond to me. And I would be including the fact that if he did not reply to it in a reasonable amount of time, I'd be seeing him in Small Claims Court. Would you guys recommend I not do this? Is there any way that can be used against me?

And since I've never done the Small Claims Court thing before, how should I go about it? Should I pay for legal advice to ensure I don't go to court unprepared? Would I need more than my moneygram receipts and a text document of the Instant Message conversation? What if he just decides to lie and claim I must have composed the entire conversation myself, because he never agreed to pay me? And how does Small Claims Court work? Do I usually just talk to someone and set up one specific day when myself and the defendant would meet in the courtroom in MA and meet with the judge? Does it take more than one day? I need to know, as I would have to fly to MA specifically for this.

Can anyone recommend the best way to go about setting this up? Is there a way to do it online, or should I call the courthouse in MA? Who do I need to talk to and what should I do to set this up?

Thanks for your help. Any details or instructions would be greatly appreciated.
 

dcatz

Senior Member
Just go to the small claims office, fill out the packet.

On its surface, not an unreasonable idea, but some research would have helped. The member is from CA and is trying to overlay CA concepts on GA courts.

GA doesn’t have a Small Claims court per se. Matters that would fall within that “jurisdiction” are heard in Magistrates Court and your case, having occurred in interstate commerce and across state lines, are filed in the state where the defendant resides. racer was right a week ago.

BTW, for other reasons, you couldn’t file the case in SC court the member’s state either. Just file in MA, if you’re going to file at all. The cost of domestication and enforcement would set you back more than you’re owed before you began, so you better be sure of success in enforcement
 

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