I want to sue someone who owes me $4000, but I'm unsure if I can, or how to go about it.

Question Details:

I loaned a friend $4000 a few years ago and he agreed to pay me back, but he never did and we lost touch. I am pretty sure he stills lives in a nearby city and I have a number for him but he wouldn't answer my calls in the past. I have copies of the checks I gave him that he signed to cash. I want to take him to court to sure him for the $4000 he owes me, but the small claims court in Arizona are for $2500 or less and I'm unsure if I can take him to court. How should I go about this matter, and what is the best way for me to get my money back.

Asked 11/12/2009 under Business | 796 View(s) | More Legal Topics

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Business Law Answers

You can file a suit yourself but there are some things for you to consider. Firstly, you will have to sue in a higher court. This means that you will be expected to learn the court rules and know how to prepare the required court forms. You will not receive any help from the court. Many forms have to be prepared from scratch; there are no "pre-formatted" forms available. Secondly, you need to consider if you will be able to collect on a judgment, if you win. Does your friend have income, assets, etc. that you could attach if he refuses to pay the judgment? If not, you will have to spend money trying to collect, and it may not be worth the effort. However, a judgment is usually good for 10 years and you could find him when he has assets and collect on the judgment later. Thirdly, you need to make sure the statute of limitations has not expired, i.e. that your suit is filed within the legal time limits to file a case. If the time has expired, your case will be dismissed. Lastly, you need to serve him with the court papers. Will you be able to locate him so he can be served?

You need to balance the cost, time and effort involved in filing a lawsuit versus your chances of collecting what your friend owes you. This is not meant to discourage you, but merely to give you an idea of some of the issues involved. You could contact a lawyer in your area and seek advice regarding your case. You may need to pay for an hour or less of advice but it would set your mind at ease as to whether you should pursue a suit.

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