small claims in progress

[flyingrobot]

Illinois

i am currently involved in a small claims case. I sold a motorcycle to a friend and he has not paid any money. he told the judge that he paid me in two seperate payments . but he has no reciepts or canceled checks to prove he paid. he brought his son to lie for himsaying that he was there when payments were made. i thought i could trust him and did not get anything in writing when we agreed on the price. what are my chances' when we go to trial? also he said he was going to get me on defamation of caracter because i told a couple of pepole who asked me how the case was going. that he has not paid for the motorcycle and he is claiming that he has. ( wich he hasn't paid any money on it). do you have advice fo me before trail? thanks in advance

 

[JETX]

Since this is your lawsuit (you are the Plaintiff), the burden of proof will be on you to show that payment was not made. This basically means that you will have to show (50% + 1) that your 'version' is accurate. And failing that 'burden', the defendent doesn't have to say or do anything.

I would suggest:
1) Gather everything you can to show your case.
2) Do you know how the Defendant will claim payment was made (check, cash, etc.)??? If by check, you have the right to request a copy of the checks. If by cash, ask where the cash came from (was it withdrawn from a bank, etc.)? If so, get copies of bank statements showing deposit and withdrawals.
3) Send the debtor a letter by certified mail. Include your 'version' of the matter, including amounts, dates, agreements, etc. Close with something to the affect.... "If you dispute any of the above, contact me in writing within 7 days of receipt of this letter". If he doesn't respond, you MIGHT be able to use this to help your case. If he does respond, you will at least know what his intended claims are.

Good luck. It sounds like you will need it considering you have little or no evidence.