Small Claims Court

[ivygurl05]

What is the name of your state (only U.S. law)? TN

A former friend of mine owes me money. I know I can go to small claims court. The problem is that I don't have much proof. I a deposit slip of when I deposited some of the money in his account. I emailed him and he never denied owing me the money. He called my uncle who is a federal probation officer and told him he would pay the money to him. He now denies that; however, my uncle has phone records which indicate he called my uncle.

He filed a bogus harassment report. Nothing was done. He sent me an email today claiming to have pictures of us together--which I don't know how that will play into the case. Then he has texts from me telling him my uncle and brother were going to handle him and that I had a .40 and .45 for him. These were sent before he filed these reports. We were friends at the time. He continued to call and text me even after these. Should I be worried about those?

He is upset that I told his girlfriend he was cheating on her--which is 100% true. After that, he filed the bogus police report. then decided not to pay me. In his email sent today, he claims that I have been to her job looking for her. I went to her job May 21, 2010 before he owed me the money and bought some sneakers. She gave me a discount and we were talking. I have not been there since. He is trying to play the card that I am a disgruntled jealous ex which is soooooooooo not true! He, also, put in the email that he filed another police report and if I contact him, I'm going to jail.

I want to respond to the accusations because if he takes me to court I don't want it to look like I didn't dispute the allegations he made. What shall I do? (I know this is lengthy.)

Thanks!What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? TN

A former friend of mine owes me money. I know I can go to small claims court. The problem is that I don't have much proof. I a deposit slip of when I deposited some of the money in his account. I emailed him and he never denied owing me the money. He called my uncle who is a federal probation officer and told him he would pay the money to him. He now denies that; however, my uncle has phone records which indicate he called my uncle.

None of that is relevant. Now, if your uncle testifies that he promised to pay, that would be useful.

He filed a bogus harassment report. Nothing was done. He sent me an email today claiming to have pictures of us together--which I don't know how that will play into the case. Then he has texts from me telling him my uncle and brother were going to handle him and that I had a .40 and .45 for him. These were sent before he filed these reports. We were friends at the time. He continued to call and text me even after these. Should I be worried about those?

Yes. Making threats is a crime. That should be sufficient for him to get a restraining order against you. It won't prevent you from suing him to collect the money he owes you, but defending yourself against those charges could be very expensive.

And it sounds like it's not a bogus harassment report. If you threatened him, then the report isn't bogus.

He is upset that I told his girlfriend he was cheating on her--which is 100% true. After that, he filed the bogus police report. then decided not to pay me. In his email sent today, he claims that I have been to her job looking for her. I went to her job May 21, 2010 before he owed me the money and bought some sneakers. She gave me a discount and we were talking. I have not been there since. He is trying to play the card that I am a disgruntled jealous ex which is soooooooooo not true! He, also, put in the email that he filed another police report and if I contact him, I'm going to jail.

None of that is relevant. Even if you are a disgruntled, jealous ex, if you can prove that he owes you money, you can get a court to order him to pay.

As for going to jail - is there a restraining order in place? If so, then follow it TO THE LETTER.

 

[ivygurl05]

Thank you for the post. As far as the threats go, we were friends when I said that to him. I was joking with him and he knew that. he continued to call me and text me daily after I said that. He didn't file a restraining order until I told his girlfriend he cheated. It had nothing to do with those comments.

The deposit slip I have is with his account number. I have phone records that indicate show him calling me at the time of the deposit. That's all.

He never denies owing me the money in the emails I sent him. There has been no contact from the police about a restraining order.

My biggest question is do you think it is possible for me to collect my full amount?