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Do I have a case for small claims court?
Has anyone ever had to go to small claims court? Any advice would be greatly appreciated. My sister's ex-boyfriend borrowed a significant amount of money from me to cover back rent because he had received a notice for eviction. At the time, she was living there and I did it for her. I was told that he was starting a new job within that week and would have the money back to me in full by the end of that month. I made the payment with his landlord on May 17th. He started working for his father's construction company that week but said that his father was removing money from his paycheck due to past debts, so I said that I would give him until the end of June before I would file a case. I have not seen a dime and my sister has admitted that he asked her to pay all of it. And today I found out that he's working under the table for his father.
Is this the sort of case that could go to small claims court? Does it seem like the sort of case that could win?
My state does allow for verbat contracts. As for paper proof, I only have my bank statement and the receipt of payment.
4 Answers
- Anonymous10 years agoFavorite Answer
Depends on the laws in your state. Without a written contract it's always tough, but if your state laws permit verbal contracts you could take this guy to small claims court. The problem is your sister would have to testify on your behalf in that case.
Now, the boyfriend could get in trouble for working under the table for his father, but the problem is the state Department of Labor would have to investigate, and they may determine they have better things to do with their time.
Lesson learned: Don't lend money when a deadbeat is involved (the guy, not your sister).
Source(s): 17+ years experience as a paralegal specialist - ErikaLv 45 years ago
you've were given some good functional suggestion contained in the solutions above, yet your question is: what are my possibilities of prevailing? i ought to assert highly good. The regulation (contained in the united kingdom) presumes that if money is better from one human being to a unique, it really is a private loan. If the otehr human being says (as they continuously do) 'it replaced right into a present' then the load is upon them to educate it. except for a modest difficulty cost, there aren't any expenses implications. it really is a small declare and consequently each and each aspect undergo their very personal expenses (except for the problem cost, which he will be ordered to pay off in case you win). i ought to point you're making an commentary of each proper textual content message and in case you'll get them printed off a lot the further suitable The declare should be served at his very last widely used tackle, and also you ought to educate it got here to his interest. If he turns as a lot because the listening to, it truly is highly good evidence. Is he on the electoral roll everywhere? It makes no odds even if he contains court docket or not, except that if he does not, you need to be in a position of educate he's established with of the declare. Enforcement (of a efficient judgement) may be complicated, yet when he has a revenue, you'll get an attachment of income order; or garnishee his monetary agency account. there are varieties at court docket to inform you thoughts to attempt this, if it contains that. in spite of the indisputable fact that, get the judgment first - then lets see how he likes being an undischarged debtor. he will war to get a mastercard or any credit centers in any respect.
- Vinegar TasterLv 710 years ago
Only if you sue HIM. But it will still be hard to get the money. You would have to go to court again to have his wages garnished.
- John ELv 710 years ago
He said, she said. No note or debt instrument? It all will depend on who the judge believes.