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Can I sue this person in small claim court?

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alex13579

Member
What is the name of your state? California

I was paying the insurance premium for my cousin in a foreign country for 3 years. I made the payment to the local agency directly from my foreign bank account. He had agreed to pay me back which is about $2000 USD, but never did.

This occurred outside of the United States. We both live in Los Angeles, California. Can I sue him in small claim court and try to get my money back?
 


quincy

Senior Member
What is the name of your state? California

I was paying the insurance premium for my cousin in a foreign country for 3 years. I made the payment to the local agency directly from my foreign bank account. He had agreed to pay me back which is about $2000 USD, but never did.

This occurred outside of the United States. We both live in Los Angeles, California. Can I sue him in small claim court and try to get my money back?
Yes.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state? California

I was paying the insurance premium for my cousin in a foreign country for 3 years. I made the payment to the local agency directly from my foreign bank account. He had agreed to pay me back which is about $2000 USD, but never did.

This occurred outside of the United States. We both live in Los Angeles, California. Can I sue him in small claim court and try to get my money back?
There are a few too many pronouns in there.
Who do you want to sue? Your cousin? Is your cousin still in a foreign country?
 

adjusterjack

Senior Member
Yes, you can sue him now.

When was the payment supposed to have been made to you (date)?

What evidence do you have of the agreement?

Have you made a demand for it? CA requires that before you can go to court. Should be in writing.
 

Litigator22

Active Member
What is the name of your state? California

I was paying the insurance premium for my cousin in a foreign country for 3 years. I made the payment to the local agency directly from my foreign bank account. He had agreed to pay me back which is about $2000 USD, but never did.

This occurred outside of the United States. We both live in Los Angeles, California. Can I sue him in small claim court and try to get my money back?
Did cousin agree "to pay you back", before or after you paid his insurance premiums.

If cousin didn't ask you to make those payments - and there is not indication in your post that he did - you will experience some problems proving that you are entitle to anything "back" from cousin other than a thank you.

My suggestions is that you request that he sign an installment promissory note for the amount you claim is due and owing. And on terms agreeable to his budget. If he declines to do so, demand that he state his reasons. His answer might be an acknowledgement of the debt and/or a preview any defense he might raise if sued in small claims court.

Also such a request would serve satisfy the requirement that a demand for payment needs to be made as a condition precedent to filing your claim in court.

Good luck. You will need it. Lots of it.
 

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