Let somebody borrow $1,000 -- hasn't been paid back

[menders]

I let a friend of mine borrow $1,000. They said they would pay me back on a specific date and so far have paid nothing. The only thing they've said to me is that they don't have the money to pay me. It was just a verbal agreement, nothing was in writing. Can I take them to small claims court to collect the money that is owed to me? Is there anything else I can do. Thanks in advance for any advice you have to offer.

 

[HomeGuru]

By all means take court action.

 

[menders]

What evidence will I need to provide in court? That's the only thing I'm worried about. It's their word against mine. Thanks again.

 

[JETX]

Rather than have us play '100 questions' trying to guess what you might have, how about your telling us what you DO have to support your claim???

Some things to consider:
1) How did you give the money to him? Was it a check (copy), was it cash (copy of bank statement showing withdrawal)???
2) Have your made a WRITTEN demand for your money and have a copy and proof of delivery?? If so, then his failure to challenge could help you.

 

[menders]

I'm sorry. I should have provided that up front. To answer your first question, I gave him cash. Nobody else was present to witness the exchange, unfortunately. I just wrote a demand for the money. How should I send it to him? What is valid proof of delivery (A courier service?)? Thank you so much for the advice.

Rather than have us play '100 questions' trying to guess what you might have, how about your telling us what you DO have to support your claim???

Some things to consider:
1) How did you give the money to him? Was it a check (copy), was it cash (copy of bank statement showing withdrawal)???
2) Have your made a WRITTEN demand for your money and have a copy and proof of delivery?? If so, then his failure to challenge could help you.

 

[JETX]

"To answer your first question, I gave him cash. Nobody else was present to witness the exchange, unfortunately."
Okay, this is your first challenge. While you are in Small Claims court, you say, "I loaned him $1,000.00". What will you say when he responds, "I NEVER, EVER received $1,000.00 from 'Menders' "???? What, if ANYTHING, can you show that you; (1) gave him/her the money, AND (2) that there was an agreement to repay it??? Absent either of those, you have a very weak case.

"How should I send it to him? What is valid proof of delivery (A courier service?)?"
Send it to him using the simplest, least expensive way to be able to prove delivery. Examples are: Certified Mail, Express Mail, FedEX, UPS signature required, private process server, etc. Whatever it takes to be able to show the court that your demand letter was delivered AND received.

"Thank you so much for the advice."
Your welcome.

 

[menders]

Okay, this is your first challenge. While you are in Small Claims court, you say, "I loaned him $1,000.00". What will you say when he responds, "I NEVER, EVER received $1,000.00 from 'Menders' "???? What, if ANYTHING, can you show that you; (1) gave him/her the money, AND (2) that there was an agreement to repay it??? Absent either of those, you have a very weak case.

(1) My checking account statement showing a withdrawl is about it. (2) Friends of ours knew about this agreement taking place. If they were present when I was told that I would be repaid $1,000, would that be sufficient evidence even though this person can dispute having received the money?

Send it to him using the simplest, least expensive way to be able to prove delivery. Examples are: Certified Mail, Express Mail, FedEX, UPS signature required, private process server, etc. Whatever it takes to be able to show the court that your demand letter was delivered AND received.

Great. I can do that.

"Thank you so much for the advice."
Your welcome.

I'll let you know how things go. Thanks again.