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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32552
Experience:  Began practicing law in 1992
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Small Claim: I have been trying to collect a debt since March

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Small Claim: I have been trying to collect a debt since March (loaned someone a sum of money). The person is not refusing to by the debt. However, they never follow through on the payments. I have a log of every time they said they would pay and didn't. Do I have a small claims case?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Yes, a failure to pay after a demand is equivalent to refusing to pay.

Customer:

So, submitting a small claims case is something I can do to try to get my money back?

JD 1992 :

Absolutely.

Customer:

Very good. Can I request the debtor to pay for the court costs/filing fee, as well?

JD 1992 :

You will have to pay them first but you can ask for the court to award them back to you as a part of the judgment and the judges routinely do that.

JD 1992 :

That might be some help to you.

Customer:

I figured as much that I would have to pay up front. Thank you for the link. I believe I have that as well.

JD 1992 :

You're very welcome and best wishes to you on this.

Customer:

So, just to clarify. Even though this person is saying that they will pay me back but not agreeing to a payment schedule and not giving payment when they say they will - I still have a small claims case?

JD 1992 :

Yes you do. You can claim "constructive refusal" which is what it would be called when they agree but don't do it.

Customer:

Perfect! Thank you for explaining that. I don't want to submit a claim for "no-good" reason.

JD 1992 :

That should do it.

Customer:

thank you again.

JD 1992 :

You're very welcome.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.



However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.


 


Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you on a future question just put “FOR JD 1992” in the subject line and I will pick up as soon as I see it.

Customer:

I have an additional question. This person filed bankruptcy last year and it is all taken care of now. Will this be an issue if I file the small claims report?

JD 1992 :

It could be. He should have named you as a creditor on the bankruptcy and if you had notice of it but didn't file a claim then he can make the defense that your debt was cleared by the bankruptcy. You, on the other had, would argue no notice and/or that he failed to list you and therefore your debt is still valid.

Customer:

The bankruptcy was taken care of before I loaned the money. Would it still be an issue?

JD 1992 :

No, in that case it would not be. Only if the money was loaned prior to the bankruptcy.

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