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Yes, a failure to pay after a demand is equivalent to refusing to pay.
So, submitting a small claims case is something I can do to try to get my money back?
Very good. Can I request the debtor to pay for the court costs/filing fee, as well?
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.
There is handbook on small claims in KY at http://courts.ky.gov/resources/publicationsresources/Publications/P6SmallClaimsHandbookweb.pdf
That might be some help to you.
I figured as much that I would have to pay up front. Thank you for the link. I believe I have that as well.
You're very welcome and best wishes to you on this.
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?
Yes you do. You can claim "constructive refusal" which is what it would be called when they agree but don't do it.
Perfect! Thank you for explaining that. I don't want to submit a claim for "no-good" reason.
That should do it.
thank you again.
You're very welcome.
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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?
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.
The bankruptcy was taken care of before I loaned the money. Would it still be an issue?
No, in that case it would not be. Only if the money was loaned prior to the bankruptcy.
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