Being sued for $2000 in another state

[Just Blue]

Well to that I agree.

To be clear...I am not trying to influence your actions. You do as you want...I, and a few other Sr.'s, choose not to assist rude posters.

 

[quincy]

I am being sued in small claims court in MA by an old "friend" who says they loaned me $2000 over 10 years ago. I have not heard anything from this person in 9 years and feel they are just desperate for money (going through a divorce and has a restraining order against them) as I have no idea what they are talking about. We attended college together in MA and that is where they allege the loan took place. I now live in MS and have for the past 9 years. Does the MA court have any personal jurisdiction? Can I not file a motion to dismiss? What about the statute of limitations of 6 years for verbal or written contracts in MA. Don't they need to provide some proof? I have no way to travel to MA or hire a lawyer in MA. I should have rights!!! Please help.

Here is a link to Massachusetts Rules of Civil Procedure: https://www.mass.gov/law-library/massachusetts-rules-of-civil-procedure

Here is a link to small claims court forms, where you can find a general purpose motion form for your motion to dismiss: https://www.mass.gov/lists/small-claims-court-forms

You can seek legal assistance in your area if needed. There are legal aid clinics that offer free help.

 

[LdiJ]

Thank you HRZ for your response and offer to help. They claim they loaned me $2000 over 10 years ago and are "demanding" it back now because they need the money. That is it.

Ok, please do not take this as rude or condescending...but how is it possible that you do not remember something from 10 years ago that should be a fairly significant thing?

You should either remember that someone loaned you $2000.00 or you should be absolutely certain that no one did. It should not be a case where you cannot remember IF someone loaned you any money.

 

[not2cleverRed]

Motion to dismiss for lack of personal jurisdiction of the court

That would be the incorrect legal reason. The plaintiff is arguing that a loan was made in the state of Massachusetts. If the plaintiff still lives in Massachusetts as well, then yes, the claim has been filed in the correct court. There is no obligation for the plaintiff to go out of his way to make things easier for you.

If you believe that your friend never handed you $2000 (loan or gift), then that would be a good thing to deny in your response.

Why do you supposed that your friend is saying that you owe him $2000, if you do not recall him ever handing you such a lump sum? Did he buy a round of beer and buffalo wings every weekend and tally it that way?!

 

[squidbilly]

That would be the incorrect legal reason. The plaintiff is arguing that a loan was made in the state of Massachusetts. If the plaintiff still lives in Massachusetts as well, then yes, the claim has been filed in the correct court. There is no obligation for the plaintiff to go out of his way to make things easier for you.

If you believe that your friend never handed you $2000 (loan or gift), then that would be a good thing to deny in your response.

Why do you supposed that your friend is saying that you owe him $2000, if you do not recall him ever handing you such a lump sum? Did he buy a round of beer and buffalo wings every weekend and tally it that way?!

Thanks for your response. The money was never loaned. Period. It is simply a means of revenge (I think). Her husband and I were good friends back in school, and they are going through a messy divorce and custody battle (or so I hear). I heard she had been arrested and has a restraining order against her. He put her out on the street and she has nothing now (not even custody of her kids). I was friendly with her as we were in school (same department) together. We did do some stuff together. I always drove as I had a car and even helped her move several times ... never asking for anything in return. She has no family in the states as far as I know.

Anyway, I cannot take off from work and pay to travel 1500 miles to defend against some lie. It just isn't possible. Shouldn't the burden of proof on her? She has provided nothing .... just saying I owe her and filling out some paperwork and here we are.

So, just send my answer and deny her claim? That is all I can do at this point?
What if I were to say, regardless if she did or didn't loan money, the statue of limitations in MA for verbal or written contracts is 6 years and has long thus expired (by the plaintiffs own admission of "10 years ago") and motion for summary judgment?

 

[Shadowbunny]

Thanks for your response. The money was never loaned. Period. It is simply a means of revenge (I think). Her husband and I were good friends back in school, and they are going through a messy divorce and custody battle (or so I hear). I heard she had been arrested and has a restraining order against her. He put her out on the street and she has nothing now (not even custody of her kids). I was friendly with her as we were in school (same department) together. We did do some stuff together. I always drove as I had a car and even helped her move several times ... never asking for anything in return. She has no family in the states as far as I know.

Anyway, I cannot take off from work and pay to travel 1500 miles to defend against some lie. It just isn't possible. Shouldn't the burden of proof on her? She has provided nothing .... just saying I owe her and filling out some paperwork and here we are.

So, just send my answer and deny her claim? That is all I can do at this point?
What if I were to say, regardless if she did or didn't loan money, the statue of limitations in MA for verbal or written contracts is 6 years and has long thus expired (by the plaintiffs own admission of "10 years ago") and motion for summary judgment?

So you DO remember getting the money, you just don't think it was a loan.

And it's not so simple as saying "it was more than 6 years ago, so the SOL has run." The SOL starts when you default on payment of the loan. So when were you SUPPOSED to pay the loan back?

 

[Just Blue]

So you DO remember getting the money, you just don't think it was a loan.

And it's not so simple as saying "it was more than 6 years ago, so the SOL has run." The SOL starts when you default on payment of the loan. So when were you SUPPOSED to pay the loan back?

I *believe* the SOL stopped ticking when OP moved out of state...

 

[LdiJ]

So you DO remember getting the money, you just don't think it was a loan.

I don't get that at all. I see that as him saying that no money exchanged hands at all and that she wasn't even in a position to have 2k to loan out to anyone.

And it's not so simple as saying "it was more than 6 years ago, so the SOL has run." The SOL starts when you default on payment of the loan. So when were you SUPPOSED to pay the loan back?

OP, I do not think that you should use the statute of limitations argument. I think that you should emphatically state that there was neither a gift nor a loan if no money exchanged hands.

 

[Shadowbunny]

I don't get that at all. I see that as him saying that no money exchanged hands at all and that she wasn't even in a position to have 2k to loan out to anyone.



OP, I do not think that you should use the statute of limitations argument. I think that you should emphatically state that there was neither a gift nor a loan if no money exchanged hands.

So when he says "the money was never loaned" what do you think he means? If he hadn't received money, he would have said "she never gave me any money." But to say THE money indicates that there was, indeed, money that changed hands.

 

[LdiJ]

So when he says "the money was never loaned" what do you think he means? If he hadn't received money, he would have said "she never gave me any money." But to say THE money indicates that there was, indeed, money that changed hands.

Sorry, but I don't read it that way. Hopefully the OP will come back and clarify.