suing a friend

[jenjam1019]

I loaned money to a friend and did not have a written contract. Stupid, I know. The loan orignated back in Spetember and I have not received any payments from him. He is having financial difficulties right now and says he should have money in about a month. I'm not sure that he will start paying me back. The only proof I have that this was a loan is in text messages. (He has sent me text messages stating that he knows it is a loan and he will pay me back.) Will the text messages stand up in court if I have to sue him? I also have proof from my bank that I wrote a check for his fines (that's why I loaned him money). The check was made out to the circuit clerks office.What is the name of your state (only U.S. law)?

 

[Antigone*]

I loaned money to a friend and did not have a written contract. Stupid, I know. The loan orignated back in Spetember and I have not received any payments from him. He is having financial difficulties right now and says he should have money in about a month. I'm not sure that he will start paying me back. The only proof I have that this was a loan is in text messages. (He has sent me text messages stating that he knows it is a loan and he will pay me back.) Will the text messages stand up in court if I have to sue him? I also have proof from my bank that I wrote a check for his fines (that's why I loaned him money). The check was made out to the circuit clerks office.What is the name of your state (only U.S. law)?

You might want to try and get your friend to sign a promissory note while you are both still on speaking terms. You might even tell him that you'll give him more time, but you want to protect your interests. If he doesn't want to sign it, then a trip to the court clerk's office in your area is probably in your future.

Bring ALL the evidence you have to court if you decide to sue him.