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Bhelmuth

Junior Member
How do I go about collecting money from a former friend when the money is over a year over the period it was due and now has written a knowingly fake check to charge me even more money ? Do I have enough proof to go to small claims
 


ALawyer

Senior Member
Stiffed by Former Friend

How do I go about collecting money from a former friend when the money is over a year over the period it was due and now has written a knowingly fake check to charge me even more money ? Do I have enough proof to go to small claims
If there is a small claims court in your locale, and the amount in controversy is within its dollar limit (and those limits vary greatly from state to state), and your former friend is located within the court's jurisdiction (some state statutes limit the reach of small claims courts to situations where both parties to a dispute are more or less local) by all means you may want to take your ex-friend to small claims court. At the very least you'll have a better insight as to how one branch of government operates.

Before investing the time and energy (and paying the court's filing fees) it will take to to bring the suit and gather the necessary evidence that s/he owes you money (the check your ex-friend gave you that bounced would be part of that evidence), and go to court, consider whether IF the court sides with you you'll be able to collect any judgment you receive.

While sometimes the other party might offer to pay you what was owed once suit is filed, or you win a judgment, deadbeats have a tendency to delay and resist, figuring you'll get tired and eventually give up.

The small claims court won't act as your collection agent, and whatever judgment you win can become just another piece of paper if the ex-freind has no assets, or you don't know how to go about enforcing the judgment. Further, remember that if you sue the ex-friend, he or she could counter-claim and sue you back.
 

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