If I let someone borrow money and she won’t pay back but I have texts as proofs and one check, do I have a chance in court?

Asked on August 20, 2012 under Bankruptcy Law, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The text messages and the check will provide evidence of the existence of the loan and will support your claim in court.

The amount of the loan will determine whether or not you can file your lawsuit in Small Claims Court.  Your damages (the amount of compensation you are seeking to recover in your lawsuit) should include the amount of the loan plus interest and court costs.  Court costs would include the court filing fee and process server fee.


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