A lost Cause?

[legalbattles]

What is the name of your state? PA

I am suing a former friend for an amount of $500 which respresents a personal loan from 2 years ago!
"Of Course" there's no evidence that I have that such loan took place, we were 18 at the time and I didn't know any better.
After I filed I received a letter indicating that the defendant will be in court to plead his defense. Through a mutual friend I keep hearing that this person is planning to stand before the judge and say that the transaction never took place given the fact there's no "real" evidence. Excuse me?

If that will indeed take place, what do I do then? Say:"But Judge, he's lying!"?

I have told about the loan to some people, should I bring them as my witnesses?

If by some stroke of luck I win, how do I go about getting the money back? As far as I know this person hasn't worked in a year years and if he is now, I don't know where.

Any ideas?

 

[racer72]

Without concrete evidence, the case is going to be almost a slam dunk for the defendant. Unless you have someway to refute the persons statement, the judge will have no way to find for you.

 

[JETX]

Lots of problems here, the least of which are:
1) If it has been more than 2 years, it is probable that the SOL (Statute of Limitations) has expired on your right to pursue the judgment.
2) Your own statements of no proof.

There is a possible solution to the 'proof' issue. Was the payment by check?? If so, get a copy of the check. If the payment was cash, did you get it from the bank (withdrawal)?? If so, get a copy of the withdrawal slip. If you got it in a paycheck and deposited the rest, show the stub and the deposit (hopefully with the $200 difference). Finally, if you have nothing at all to support your claim, you are very likley SOL. Any people that you told of the debt cannot testify other than what you told them.

 

[legalbattles]

So are you saying people DO lie in Court? Like this person is appearantly intending. Wow, stupid me.

 

[coosi]

If everyone always told the truth, there would be no need for court.

Also, I may be wrong, but I believe whoever "prevails" could be awarded court costs. Your friend is innocent, in the eyes of the court, until you PROVE them guilty. That's just the way it works...

 

[JETX]

"So are you saying people DO lie in Court? Like this person is appearantly intending. Wow, stupid me."
*** Actually, your friend doesn't have to lie in court. As the plaintiff, the burden of proof is on you to prove YOUR claim. And since you have absolutely NOTHING (apparently) to support your claim, he can simply wait until you have completed your 'presentation' and simply say, "Your Honor, I ask for a judgment in my favor since the Plaintiff has not and cannot prove his claim".

 

[legalbattles]

Wouldn't the Judge ask therefore if what happened is true? Which to say he SHOULD say yes! Otherwise he's lying. Isn't there a direct question of some sort that will make the defendant admit whether he ever took a loan from me? Ok, I might be beating a dead horse here/

 

[JETX]

Bottom line.... YOU have the burden of proving that what you say is true. And there is no 'truth pill' that the court can force the defendant to take that will make him turn blue if he/she lies.
Absent your ability to prove your claim, your chance of success is somewhere between nil and zero.