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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118783
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Is it possible to sue someone who borrowed money ...

Resolved Question:

Is it possible to sue someone who borrowed money from you by using check receipts and credit card slips as evidence OR should I have issued a promissory note? I live in Massachusetts.
Submitted: 9 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 9 years ago.
While it is always best to get a promissory note, it is not necessary to prove the existence of a loan. You will have to be able to substantiate the payments made to the person or on their behalf were more than just a mere gift, which can be done through testimony. Depending on the amount you loaned the person, you can sue in small claims division of the district court if the amount is $2000 or less, if not you bring suit in the district court where the person lives. You can get forms to file suit by going to the clerk's office at the district court and they will give you instructions for filing. You should get the check receipts and credit card receipts as well as any bank statements showing the deduction of those amounts from your account and make copies of them for evidence to attach to your claim. You can also sue for attorney's fees if you choose to get an attorney to represent you.

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