Friend owes me money, is small claims an option?

[adjusterjack]

Ah!!!
Ok then scratch that idea. Luckily the email she uses has her full name. But the one im using is my junk email that does not have my real name.

You're giving too much attention to the emails as evidence.

Here's how it works (overly simplified, of course). Call you P for Plaintiff, her D for Defendant.

You go first:

P - Your honor, I loaned D $470. She agreed to pay me back. She has not paid me back despite several demands to do so.

You sit down. D gets up:

D - Your honor, it was a gift while we were lovers. There was never any agreement to pay it back.

Then you get up.

P - Your honor, may I ask D some questions.

Judge - Yes, go ahead.

P - D, did you or did you not write me an email on (date) agreeing to pay me back? (You ask that while you are holding the papers in your hand.)

D - Oh, uh, yes.

P - And did you or did you not write me an email on (date) saying that you sent me a money order?

D - Yes.

P - And when I did not receive that money order did you or did you not write me an email on (date) saying that you would pay me back within 24 hours.

D - Uh, yes.

P - (to Judge) - Your honor, D has just admitted to the debt and to the default.

You don't have to show the judge the emails unless he asks for them.

But if D denies the emails, all you can do at that point is hand the printouts to the Judge and hope he accepts them as evidence.

 

[FeelingHopeful]

I do have 1 email that lists my name and address when i was told a money order would be sent.

 

[quincy]

I do have 1 email that lists my name and address when i was told a money order would be sent.

One email showing her name owing your name money is certainly better than several emails showing she owes some anonymous person money.

As a note: There is generally not a back-and-forth as earlier described. Although the judge may ask questions of either party at any time regardless of who is speaking, you will present your case and the friend will present hers. The judge will mull things over (generally not for a very long time) and the judge will come to a decision. The end.

For court, if you choose to go ahead with a lawsuit, your attitude and appearance will matter. Dress nicely and act professionally and show the judge you respect his court and you should do fine.

Good luck.

 

[Proserpina]

Feeling, you also have to ask yourself if this is going to be worth it in the long run. If you get a judgement against your friend are you going to be able to collect? A savvy law student (and yes, even an employee of a law firm) may be able to fudge their income and assets enough to make them just about collection-proof.

 

[Zigner]

he judge will mull things over (generally not for a very long time) and the judge will come to a decision. The end.

Frequently, the parties are told that they will receive the decision in the mail.

 

[quincy]

Feeling, you also have to ask yourself if this is going to be worth it in the long run. If you get a judgement against your friend are you going to be able to collect? A savvy law student (and yes, even an employee of a law firm) may be able to fudge their income and assets enough to make them just about collection-proof.

Although collecting on any judgment can be difficult, any law student (or law firm employee) who fudges income or assets would be risking a law career (or current employment) by doing so - and I am not sure too many people would do this over a $470 debt. But I could be wrong. People sometimes surprise me.

 

[FeelingHopeful]

Yes im not sure how i would collect. Thanks so much everyone for all the help. I wasnt sure if having emails held any weight. I wrote her yesterday saying that i feel like my only option left is going to small claims court. I then wondered if she read that, and with her legal background just laughed and knew i dont have a case.

 

[Proserpina]

Although collecting on any judgment can be difficult, any law student (or law firm employee) who fudges income or assets would be risking a law career (or current employment) by doing so - and I am not sure too many people would do this over a $470 debt. But I could be wrong. People sometimes surprise me.

Fair enough. I'm jaded by the family law section

 

[quincy]

Fair enough. I'm jaded by the family law section

Ah, yes. The Family Law Section, where fudging assets and income to lower court-ordered obligations (to heck with the consequences) might seem like a good idea to some, huh? I can see why you might be a bit jaded.

 

[FeelingHopeful]

Ive always thought the idea of marriage for life is ridiculous. Years ago in a science based class we learned that the human brain changes chemically as you age. Which means your thinking process, personality, likes and dislikes change with them. How can anyone expect to be a good match 5...10...30 years down the road?

 

[quincy]

Ive always thought the idea of marriage for life is ridiculous. Years ago in a science based class we learned that the human brain changes chemically as you age. Which means your thinking process, personality, likes and dislikes change with them. How can anyone expect to be a good match 5...10...30 years down the road?

That is an interesting question for a chat forum. This is not a chat forum, though (although, on occasion, we chat).

Good luck with your small claims suit, FeelingHopeful, if you decide to file one.

 

[Zigner]

I'll respond.

My dad's first marriage (to my mom) lasted just shy of 25 years before my mom passed away. My dad's second marriage ~15 years before my step-mom passed away.

My father-in-law's marriage lasted 52 years before my mother-in-law passed away.

My sister's marriage has lasted for ~25 years.

My (second) marriage has lasted for 18+ years and is going strong.

I suppose it's simply a matter of honoring one's commitment.

 

[adjusterjack]

Yes im not sure how i would collect. Thanks so much everyone for all the help. I wasnt sure if having emails held any weight. I wrote her yesterday saying that i feel like my only option left is going to small claims court. I then wondered if she read that, and with her legal background just laughed and knew i dont have a case.

I have a suggestion.

Fill out a small claims complaint form. Don't file it. Attach it to a demand letter (not email) giving her a deadline date to pay you in cash in person and say that you will file in small claims court the day after the deadline date. Send one set to her home and one set to her at her office.

Don't bluff. Be willing and able to file the day after the deadline date and when you do file hire a process server to serve her at her office during her work day.

Time to play hardball. She is no friend anymore. She is your enemy.

 

[quincy]

Although it sounds as if you have tried several times already to collect on the money owed, the "one last demand" idea suggested by adjusterjack could convince the woman you are serious about taking her to court. And it is always best if matters can be resolved outside a courtroom.

Good luck.

 

[FeelingHopeful]

Earlier today i followed the link to the small claims website. Started to read and began to fill out the demand letter. I know she works locally within 5 minutes of where she lives. I dont know the name or address of the business. Any tricks to learn that info online? I dont want to do anything wrong here. If i do a google search and call around asking to speak with her, can that be turned against me?