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Suing a Friend over an unpaid loan

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O

ONEOWL

Guest
We lent $3,500 to a friend several years ago and he has not paid us since then. We have made various attempts to have him pay the bill. What steps would be next to get him to reimburse us this money. We cannot file it in small claims court because of the amount.
We are from Florida
 


JETX

Senior Member
As I see it, you have the following options:

1) Do nothing and hope that he pays.
2) Send him a demand letter, Certified RRR, detailing the loan, dates, amounts, etc. and demanding payment by a specific date, and hope that he pays.
3) You might want to check with your local court. According to my very cursory search, it appears that there is no specific Small Claims court system in Florida. However, in county court cases in which the amount being sued for is not
more than $5,000.00 , the Florida Small Claims Rules apply.
As such, you might consider taking the debtor to court.
"Florida Statute, Title V, Chapter 34
Section 34.01 Jurisdiction of county court.--
(c) Of all actions at law in which the matter in controversy does not exceed the sum of $15,000, exclusive of interest, costs, and attorney's fees, except those within the exclusive jurisdiction of the circuit courts. The party instituting any civil action, suit, or proceeding pursuant to this paragraph where the amount in controversy is in excess of $5,000 shall pay to the clerk of the county court the filing fees and service charges in the same amounts and in the same manner as provided in s. 28.241."

You might want to checkout the Florida specific information at:
http://jud10.flcourts.org/CountyCourt/smallclaims/claims.htm

 

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