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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My friend owes me $10,000. How do I legally get it back.

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My friend owes me $10,000. How do I legally get it back. I am already a member.
Thank you for your question. Please permit me to assist you with your concerns.

A few questions if I may:

1. Is there a contract or anything in writing in place to prove that this is a viable debt?
2. If there is, how long ago did this agreement take place?
3. In what state did the agreement take place in, and in what state is the friend located in, if different?

Please advise so I can best respond, thank you!
Customer: replied 3 years ago.

No contract. The agreement took place in the same state.

Customer: replied 3 years ago.

No contract. Agreement took place in same state


Thank you for your follow-up. That makes it a bit harder. Do you have any evidence that this was a debt and contract, posts such as emails, texts, chats that corroborate your position? How long ago did this debt take place? And the state is Delaware, correct?
Customer: replied 3 years ago.

I do have one cancelled check for $5000. The other were checks made out to someone else cause she was in jail and needed bail money. It was about two years ago in DE.

Thank you for your follow-up.

The statute of limitations on debts and oral contracts is 3 years in Delaware, as per Del. Code Ann. tit. 10, § 8101 et. seq. If this occured under 3 years ago, and it has, you have time to file suit. Delaware small claims courts have a limitation of $15,000 which is very favorable--you can file suit agianst both for the funds owed. Small claims permit you to self-represent and file on your own, which wills ave you time and money.

The issue here is evidence, and I must bring up that point--as a plaintiff you have the burden of proving that this was a debt and not a gift. If there is no evidence on your part that you lent he money rather than gifted it, if they appear in court and claim that it wasn't debt, the judge may dismiss against you. You have the burden of proving that the debt more than likely happened then not so I would suggest you try to find evidence if you can to show that it took place as you described.

Good luck.

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