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No More Loans

Junior Member
What is the name of your state? Ohio

Here's the scoop....a friend was in financial trouble and borrowed $2000 from us back in June. We have the cancelled check, copies of e-mails sent to her asking for the money and following up on her broken promises to pay us, phone records, text messages, etc. She has made many promises to pay, but never delivers on that promise.

Question: is this enough proof for small claims court? if not, what else can we do?

It's really sad things have to come to this, but it's not like they borrowed $20.00.....

Thanks in advance for your help.
 
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racer72

Senior Member
None of us are a judge that would hear the case. All you have to do is convince a judge. I did look at the Free Advice crystal ball and I see you as one of the 75% of the individuals that win a civil judgment against someone else and never collects a penny of the judgment.
 

No More Loans

Junior Member
Thanks, I think...

If anyone has direct experience with this, please let me know. Also.....I am trying to figure out how to get even more proof...is recording a phone conversation illegal? I think I can get them to admit it, but is it admissible?

I am worried if a cancelled check is sufficient???
 

moburkes

Senior Member
If anyone has direct experience with this, please let me know. Also.....I am trying to figure out how to get even more proof...is recording a phone conversation illegal? I think I can get them to admit it, but is it admissible?

I am worried if a cancelled check is sufficient???
If it is illegal to record then, then you can't get it admissable. I agree with racer in regards to the statements that he made.
 

No More Loans

Junior Member
Is it illegal in Ohio to record a conversation? So what if i were to win..is it that difficult to get your money? Why are the odds against me?
 

moburkes

Senior Member
You can do a google search for the first answer. Yes, it will be difficult. If the person had good credit or $2000, they wouldn't have needed to borrow the money in the first place, they wouldn't have had a problem returning the money, and you wouldn't be sitting here trying to figure out your chances of winning.
 
It can be very difficult to get your money...I've won two small claims cases (against companies, not individuals, which makes it even more difficult to collect) and have never seen a penny of the money. My understanding is that if you win your suit, and the person has regular employment, then you can try garnishing his/her wages (which requires additional paperwork and some additional fees) if s/he refuses to pay...sometimes garnishment is successful, sometimes not.
 

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