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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7629
Experience:  Just Answer consultant at Self employed
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I live in Las Vegas, NV. A former friend agreed to pay me

Customer Question

Hi. I live in Las Vegas, NV. A former friend agreed to pay me half of my income taxes because I have him half my income. He paid me $1800 and promised to pay the second $1800 when he started working. He lives in the state of Washington. Can I sue him in small claims court?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I live in Nevada. He lives in Washington State
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have a text with a picture of a deposit slip he is holding to show me he made the deposit to my bank account. I have a paragraph he typed saying he would pay me the second half when he began work. He has been working for over a year.
Submitted: 16 days ago.
Category: Legal
Expert:  legalgems replied 16 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 16 days ago.

I am sorry to hear this; especially after being so generous.

A court may enforce both oral and written contracts;

so if a person agreed to pay the income tax due on income that was given as a gift, that portion of the arrangement would be a valid contract, as there would be an offer, acceptance, and consideration. As such, the court has authority to issue a judgment for the amount owing (income tax) plus court costs.

Small claims is appropriate for cases under $10,000

please see here:

http://www.lasvegasjusticecourt.us/forms/document_center/small_claims.php

Once a judgment is rendered, the judgment creditor can collect by garnishing wages or levying assets.

Often times a demand letter -requesting payment - will suffice, because the defendant would be concerned that the judgment would be damaging to one's credit report.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 15 days ago.
Thank you for your answer. I tried canceling my request because I thought I was only going to be charged $5. but I now understand the $5 was a deposit and the entire answer is $31. I do not with to cancel now due to your complete answer. Can you tell me if you can handle this for me and how much it will cost if I want to go forward? Again I live in Las Vegas and the defendant lives in Washington State. Thank you
Expert:  legalgems replied 15 days ago.

You are welcome; Thank you for not cancelling-that is very appreciated!

Unfortunately per the terms of my arrangement with the site, my services are limited to providing information here on this forum. Generally a collection case costs between $250-2000 (depending on if it goes to trial).

Generally the case is to be brought where the defendant lives, or where the breach occurred.

The defendant must have "sufficient contacts" with the state for the state to exercise jurisdiction over the defendant- so for example, if the loan was originated in a certain state, then that state could assert jurisdiction.
Normally for small claims a person self represents; many small claims courts allow for this by allowing for telephonic appearances, but that varies based on the particular local rules (by city and county ,and sometimes even the particular judge)

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