Friend owes me money, is small claims an option?

[FeelingHopeful]

Southern California.

I let a friend borrow money on 2 separate occasions for a total of $470. We never signed any type of contract about when i would be paid back. All i have are email communications saying that i was sent a money order, but that never showed up, i asked for a picture of it to prove its not a lie and i never got one. I was told the money order is cancelled, and when that is confirmed i would be paid back through PayPal. I have several emails saying i will be paid through Paypal by Friday, another saying i will be paid within 24 hours. This never happens so i informed my friend that im going to look into small claims court. My friend is smart, and studying to be a Lawyer.

Are my saved emails going to be enough to get paid back through small claims court? Thanks for any advice.

 

[eerelations]

They might be enough is the best we can say. If you decide to file a in small claims court, don't forget to add court fees to your claim.

 

[FeelingHopeful]

She works for a law firm now. Is there a chance she could counter sue me, and since i dont know much about legal stuff i would end up screwing myself over?

 

[Zigner]

She works for a law firm now. Is there a chance she could counter sue me, and since i dont know much about legal stuff i would end up screwing myself over?

Countersue for what? How would we know?

 

[FeelingHopeful]

Im not sure. Seems like there are ways to be clever if you understand the law. Say like counter sue me for her time missing work, or some type of mental anguish, or gas money to get to court.

 

[adjusterjack]

Im not sure. Seems like there are ways to be clever if you understand the law. Say like counter sue me for her time missing work, or some type of mental anguish, or gas money to get to court.

Not likely.

I once sued a tenant who worked for a law firm. I won.

If you are afraid to do it because of what MIGHT happen, then you have already lost and you might as well kiss the money good bye and get on with your life.

 

[eerelations]

She could countersue you for something, anyone you sue might be able to do that. That shouldn't prevent you from filing your claim.

You seem more than a little afraid of this person...but you shouldn't be. Just because you don't work in a law office like she does doesn't mean you'll automatically lose the case. How you present yourself + your evidence is what's important, not where she works.

 

[quincy]

Im not sure. Seems like there are ways to be clever if you understand the law. Say like counter sue me for her time missing work, or some type of mental anguish, or gas money to get to court.

Here is a link to California's small claims actions: http://www.courts.ca.gov/selfhelp-smallclaims.htm

Although it can be easier to be "clever" in a legal action when you understand the law, it will be what is presented in court in the way of evidence that will be considered. Judges tend to frown on too much cleverness.

 

[FeelingHopeful]

Cool deal thanks Quincy.
My main question was about my evidence. All i have are emails saying i will get paid. The advice im getting here is that it "might" be enough. Shouldnt it be a yes or no? An email either counts, or it doesnt. Does it have to do with the wording?

If someone types "i will pay you" but doesnt list names might be different than "i (persons name) will pay (my name)" that is more exact and formal.

 

[Zigner]

Cool deal thanks Quincy.
My main question was about my evidence. All i have are emails saying i will get paid. The advice im getting here is that it "might" be enough. Shouldnt it be a yes or no? An email either counts, or it doesnt. Does it have to do with the wording?

If someone types "i will pay you" but doesnt list names might be different than "i (persons name) will pay (my name)" that is more exact and formal.

The problem you will have if she decides to fight this is that emails are VERY easy to fake.

 

[quincy]

Cool deal thanks Quincy.
My main question was about my evidence. All i have are emails saying i will get paid. The advice im getting here is that it "might" be enough. Shouldnt it be a yes or no? An email either counts, or it doesnt. Does it have to do with the wording?

If someone types "i will pay you" but doesnt list names might be different than "i (persons name) will pay (my name)" that is more exact and formal.

No one here knows what the judge will allow as evidence in a small claims action and no one here knows what your friend has in the way of evidence to defend herself against your claims.

Some judges in small claims courts are rather relaxed when it comes to the rules of evidence. Others are not (and will require email authentication).

If your friend borrowed $470 from you and promised to pay it back, however, and you have texts or emails that show this agreement, you can try to get it introduced to support your claim. If she legitimately owes you the money, let the judge hear what she has to say and what you have to say and see where it goes from there.

Good luck.

 

[FeelingHopeful]

Ok i will have to learn about email authentication. This has been going on for months i have at least 20 different emails on different dates when she tells me i will get paid back on a certain day, but it never happens.

 

[Zigner]

Ok i will have to learn about email authentication. This has been going on for months i have at least 20 different emails on different dates when she tells me i will get paid back on a certain day, but it never happens.

you aren't going to be able to "authenticate" the emails without paying an expert...and it will cost much more than $470 for an expert.

 

[FeelingHopeful]

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.

 

[quincy]

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.

So ... you have emails that show that your friend owes a "fake person" some money. I don't think those are going to help you much.

But, if the small claims action winds up being your word against hers and the judge decides in her favor because you and/or your evidence is not convincing, you are probably out only your filing fee (unless you can think of something solid that can support her filing a countersuit against you, in which case you could be out that, too).

It is up to you what to do, FeelingHopeful. You could ask for a personal review by an attorney in your area of the emails and the debt you say is owing, to get a better opinion of your chances in court. The attorney-review will probably not be a free review, but it shouldn't be too costly. You can call several attorneys in your area to check out their fees.

Good luck.