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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I need to get money back form someone. They owe me $2000. I

Customer Question

I need to get money back form someone. They owe me $2000. I don't have any written documents showing that I lent it to her. I kept track of the amounts in a note book thats it. Also Im pretty sure she doesn't even have the money to pay me back. But she does have the equipment $1000 of it paid for. Is it worth taking her to small claims court.
Submitted: 10 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

You asked:
Is it worth taking her to small claims court?

That very much depends on additional information--you stated that you have nothing in writing whatsover claiming that this was a debt. Could you explain or show how this debt came into existance? Do you have maybe a text or email posts about a promise rom her to cover this debt?

Please advise.
Customer: replied 10 months ago.

No i dont she just told me that she would pay me back and i believed her. I guess i lost the money since i dont have any documents or have her sign anyting

Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your follow-up.

That does make it tough. Please allow me to answer in detail so you can make your own decision as to whether or not you need to file or not.

If you decide to file please keep in mind as the petitioner you have the burden of proving that a contract took place, and that the other person agreed to return the money. That can be done via written proof, eyewitnesses, or even an admission by the other person that a contract really did take place. If you have no evidence, since you have this burden, the judge will likely throw out your petition for failing to prove that a contract took place. If she claims or states that it was a 'gift', without evidence to the contrary it would be tough for the judge to agree that she owes you money.

Having said that, there is always a chance that if you file and she fails to appear in court, you are able to obtain a 'default judgment' against her which you could then record and pursue. If she fails to show, and you are the only one in front of the judge, the judge would rule in your favor. Of course there is no guarantee she won't appear, but that is a very possible option to at least keep in mind.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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    Dimitry K., Esq.

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    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.