can I sue for lost wages?

[miller746]

What is the name of your state (only U.S. law)? Ohio
I loaned a "friend" $1,200 well over a year ago. He has not paid in the time that was agreed upon. I am going to have to take him to small claims court. From what I am reading I have to file the claim in his county (over an hour away from me). Can I sue above and beyond the loan amount for lost wages for driving up to file the claim and actually going to court (guessing about $250.00)?

 

[Antigone*]

What is the name of your state (only U.S. law)? Ohio
I loaned a "friend" $1,200 well over a year ago. He has not paid in the time that was agreed upon. I am going to have to take him to small claims court. From what I am reading I have to file the claim in his county (over an hour away from me). Can I sue above and beyond the loan amount for lost wages for driving up to file the claim and actually going to court (guessing about $250.00)?

Lost wages are not compensable. You will be able to sue for the loan, reasonable interest and court costs.

 

[dcatz]

I was sure that someone would respond to this and was going to skip it but . . .

OP – If just doing the filing will cost you $100+ in lost time/wages, find a local attorney service in the phonebook. Send them your filing. They can file AND serve for you for about half that figure, and costs of service are also compensable.

By all means ask for interest at your state’s legal pre-judgment rate and specify the payment default date, but don’t count on that being a part of any award. Generally SC courts are reluctant to award interest unless the claim is supported by a contract or promissory note that specifically provides for it in writing, and it definitely won’t be awarded unless requested in the claim. That form gives the defendant notice of what he/she must defend against in court. Without notice, you won’t get anything more than costs (filing and service).