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small claim

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R

ruizb

Guest
A friend of mine and I went on a vacation trip. I bought his plane tickets and paid the hotel bill for both of us, understanding that I was loaning him the money to cover all this. He was to pay me $1200 when we were back home. In the year and a half since, I have not see a dime of it. I get excuses every week from him, like "I was too busy to go to the bank" or "I could not see you, I had to work". He has "attempted" to pay me back with bad checks on two (2!) different occasions. I am afraid that he is thinking he is not obligated to pay back because I can't force him. Do I have a legal resource? Is this something that Small Claims court can solve? What steps should I take? Thank you so much for your help.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ruizb:
A friend of mine and I went on a vacation trip. I bought his plane tickets and paid the hotel bill for both of us, understanding that I was loaning him the money to cover all this. He was to pay me $1200 when we were back home. In the year and a half since, I have not see a dime of it. I get excuses every week from him, like "I was too busy to go to the bank" or "I could not see you, I had to work". He has "attempted" to pay me back with bad checks on two (2!) different occasions. I am afraid that he is thinking he is not obligated to pay back because I can't force him. Do I have a legal resource? Is this something that Small Claims court can solve? What steps should I take? Thank you so much for your help. <HR></BLOCKQUOTE>

My response:

Yes, this is a Small Claims Court matter, and you should file immediately. You may have a Statute of Limitations coming up on you; e.g., in California, the S/L is 2 years on an oral contract. However, even though you'll win, especially after you show the judge the bounced checks, the problem is in the "collecting" of the judgment.

Good luck to you.

IAAL



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