small claim

[thongyoi]

I lived in New Jersey. I let my friend who lived in Delaware borrowed money for $500, since Dec.'00. She said she will pay be back when she got her income tax return. Time pass by till now every time I called and asked for money back she said she will send it right away. Last week, she said she already bought money order for $300 and send it to me, but I never got it. I figured out that she just said thing to pass by. Now, I got really upset and want my money back. How can I do that? I have the copy of money order that I send her $500. Can this be an evidence. How much is the small claim court fees? And who will have to pay for it? Where do I file?

 

[JETX]

Where does your friend live NOW (your post said "lived in Delaware")??? If she still lives in Delaware, you will need to file there.

Here is a link to the complaint form (PDF format):
http://www.municipalcourt.org/forms/smallclaims/complaint.pdf

Here is a link to websites with 'how to' info:
http://www.municipalcourt.org/claims.htm#court
http://courts.state.de.us/dectsys.htm

 

[thongyoi]

Shoud I tell her before I file this? Maybe it'll freak her out and pay me back, since I still had a copy of money order.
Can I file a complaint by mail? Or do I have to go to Delaware?
Can I used my friend in NJ as my witness becauseI told her about this at that time? But they both don't know each other. I also told my aunt about this?
Also, should I send her the copy of money order via certified mail to indicated that I have tried a good faith before I sued her?
Thank you for your fast advise. I really appreciate your help.

 

[thongyoi]

Also, She lived in Dover, Delaware.

 

[JETX]

Time to fish or cut bait.

If you think that you have given her enough time to respond and she still hasn't, she is calling your bluff. You need to either move forward with the lawsuit, or move sideways with continued 'playing around' and trying to 'freak her out'.

You decide.

As for how, you can mail the complaint and filing fees to the court, but you will have to appear in person to state your case at trial. Further, you will need to bring anyone and everything that you will need to prove your case.

 

[thongyoi]

Thank you very much. One more question, why can't I filed in my state?
Also, the form that I printed out from the web that you provided, is that the right one because it said Delaware Minicipal Court, 70 North Union St., Delaware Ohio 43015. This is as Delaware, Ohio. She lived in Frederica, Delaware 19946

[Edited by thongyoi on 07-27-2001 at 12:27 AM]

 

[JETX]

No, that is NOT the correct link, I guess I just 'defaulted' on Delaware and didn't read my full link. Sorry about that!
Here is a correct link to the forms for the STATE of Delaware:
http://courts.state.de.us/jpcourt/html/civilf.htm

Also, here is a link to a 'how to' page for the courts:
http://courts.state.de.us/jpcourt/html/civil.htm