I'm threatening to be sued

[mohanna]

What is the name of your state? California

O.k. here goes about three years ago I lived with my boyfriend who at the time was getting a masters degree. He "self-willingly" took out a low intrest school loan of $6,600. so that I could pay my high intrest credit cards off. The check was deposited into "our" checking account. There was just a verbal aggreement that when he graduated from school that I make the payments on the loan until it's paid off.
We have since broken off and as of January he has graduated from school so his loans came up. I told him that i would start paying the loan off on a monthly basis. He than decided recently that he wanted me to pay it off in full. or at $1000.00 a month. I don't have that kind of money saved nor can I afford that type of payment on a monthly basis. I told him that I will make monthly paymetns until it's paid off but I can only afford $150.00 a month. He is now telling me that on Monday he's going to file a case against me in small claims court...
Can someone please give me some advice!!!
do I need a lawyer for small claims court?
thank you

 

[THE PRACTICE-23]

What is the name of your state? California

O.k. here goes about three years ago I lived with my boyfriend who at the time was getting a masters degree. He "self-willingly" took out a low intrest school loan of $6,600. so that I could pay my high intrest credit cards off. The check was deposited into "our" checking account. There was just a verbal aggreement that when he graduated from school that I make the payments on the loan until it's paid off.
We have since broken off and as of January he has graduated from school so his loans came up. I told him that i would start paying the loan off on a monthly basis. He than decided recently that he wanted me to pay it off in full. or at $1000.00 a month. I don't have that kind of money saved nor can I afford that type of payment on a monthly basis. I told him that I will make monthly paymetns until it's paid off but I can only afford $150.00 a month. He is now telling me that on Monday he's going to file a case against me in small claims court...
Can someone please give me some advice!!!
do I need a lawyer for small claims court?
thank you

My response:

He's a fool. California Small Claims has an upper jurisdictional limit of $5,000.00. So, already he's going to lose $1,600.00 plus interest. When you lose, ask the judge to order payments - - just like you wanted in the first place!

In Small Claims, individuals cannot have attorneys in court. It's just him against you.

IAAL

 

[john123456]

My response:

He's a fool. California Small Claims has an upper jurisdictional limit of $5,000.00. So, already he's going to lose $1,600.00 plus interest. When you lose, ask the judge to order payments - - just like you wanted in the first place!

In Small Claims, individuals cannot have attorneys in court. It's just him against you.

IAAL

Effective January 1, 2006, the jurisdictional limit increased from $5000 to $7500.

 

[mohanna]

one more question

Effective January 1, 2006, the jurisdictional limit increased from $5000 to $7500.

will all I have to do is ask the judge to set up payments??? or is it common for a judge to request the total to be paid in full?