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You are entitled to sue for the remainder. This would be a relatively easy lawsuit, especially if you have her promising to pay you back in writing (email, text, etc).
All you need to do is file a small claims lawsuit against her.
You'll need to file it at the small claims court nearest her address. If you can tell me what city that is, I'll pull up the information on where you need to go to file the claim and see if i can locate some forms for you.
She lives in Dallas but I do not know the address but i know the work address.XXXXXWiles Barre Pa
Its Dallas, Pennsylvania Luzerne County
Thank you for the clarification.
You will need to go to the Luzerne County court house and pick up a form to file, there are no forms online that I have been able to locate.
This will be in Magisterial District Court atXXXXX Wilkes-Barre, PA 18702. It's probably a good idea to give them a call at(NNN) NNN-NNNNand ask them how much the fees are for filing the suit and whether they want you to use a form they have there or if they can email or fax one over to you so that you can mail it in along with the fee.
Please let me know if you have further questions.
what do I write on the lawsuit
Small claims court is like the People's Court or Judge Judy. It's very simple.
The form will have a space that asks you to state the basis of your claim, and you write:
"On ___________(date), I loaned ____________ (name of Defendant) $1,000.00. Defendant agreed to repay me within 1 year. Defendant paid me $200.00 on _______(date). Since that time, the Defendant has refused to pay me the outstanding amount that is due. I am requesting this court grant me a judgment in the amount of $800.00 plus court costs."
And that's it...a simple statement of the claim.
one more question
I wrote a check to my self for the money and gave her cash can I use that as evidence. I no longer have the txt where she said about paying me the money . can I get a copy of text messaging from my cell phone carrier?
You can use a copy of the check as evidence, although you will have to explain why you wrote a check to yourself instead of to her. In other words, its not really evidence of the loan as it doesn't have her name on it.
In regard to getting the text from your cell phone carrier, it all depends on whether they want to cooperate with you or not. Generally, since it was from your cell phone, they will give you a copy of it. You need to do that ASAP because those type of requests can take a while. If they do not cooperate with you, you can ask the court to issue a subpoena of the cell phone carrier for a transcript of your text messages.
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Best of Luck,