Filing a small claims suit

[Smokediver69]

i live in davidson county, nc. i am considering filing a small claims suit against my sister in law. several months ago we loaned her money by check to help her pay for attornies fees. there was a verbal agreement to pay it back. it is a long story but i won't go into that. i have a copy of the check that was cashed bye the lawyer and on the bottom of the check i put down loan for "sister in laws name" . they told me if i wanted the money, then i would have to take them to court and that i had no proof that i loaned it to them. they have payed me back a portion of it after having to beg and plead for it b/c of us not being able to pay bills and such b/c of it. i want to know what i'll need to prove a case without a doubt and recover what is owed to me. It has been a mental drain on me and i have had several utilities disconnected b/c they won't pay it back. I really could use some help. if you need to know anymore details, I would be more than happy to vent them. Thanks for your time.

 

[JETX]

"i want to know what i'll need to prove a case without a doubt"

What you are asking for is impossible. There are often 'slam dunk' cases that are lost on technicalities or on factors unknown at the start of the trial, so there is really no way to assure victory 'without a doubt'.

If you have a check noted "LOAN" and it was cashed by the borrower (or their agent), that should normally be sufficient to at least establish your case.

What other evidence can you present to further support your claim??

What evidence do you believe the Defendant could offer to defend against your claim of a loan??
Can she say that your 'loan' was just repayment for her loans to you?? Can she claim that it was really payment for something that you purchased from her?? No one knows what defense she might try to present.

Take her to court, show the judge the returned check with the notation and the endorsement and be prepared to counter any defense that she could offer. If you do it properly, you should win.

However, that isn't the end of it. You would be surprised how many people think the court will force her to pay your judgmnet, they don't. YOU will need to enforce the judgment yourself.

 

[Smokediver69]

Thanks Halket. I did put down For ____'s Lawyer on the check. But it doesn't say loan. And she definitly can't say I owed her money. I appreciate your input. Take care.

 

[Smokediver69]

oh yeah. And I do have a copy of the check where the lawyer cashed it. I didn't know if I needed something from him saying he recieved the check for services rendered to her.

 

[JETX]

In your first post, you said, "on the bottom of the check i put down loan for "sister in laws name".". Now in a subsequent post you say "it doesn't say loan". Confusing at best.....

A suggestion.... send her a letter (certified RRR), detailing the issues. Be cordial. Something like, "My records show that on X date, I loaned you $X.XX to pay your attorney. This money was a loan and you promised to repay on the following terms: (detail if any). To date, you have paid a total of $Y.YY on this loan. Please make arrangments to pay the outstanding balance within 15 days." Then, close with something like, "If you disagree with the above facts, please contact me in writing within 10 days from receipt of this letter and detail your disputed facts."

Send the letter (certified RRR). If you do not get a response, the court could view that as acceptance of your version. If you do get a response, at least you will know what you are fighting against.