If I took a loan out in my name for a friend and the friend is no longer willing to pay the loan back, am I able to sue her in small claims court?

My friend’s dog needed surgery and she asked me if I could pay for it and she would pay me back. I spent $1200 with my credit card to pay for the dog’s surgery. My friend then tried to get a loan so she could pay my credit card off. She was denied the loan, so I got a loan of $3000 in my name and paid off my credit card and she kept the rest of the money. We made an agreement that she was going to pay the first 2 monthly payments of $95 and then next month she was going to pay the loan off in full after she received her student loan refund. She has not made any of the payments yet.

Asked on June 11, 2012 under Bankruptcy Law, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you advanced money for your friend concerning her pet and she received the benefits of what you advanced her but has not paid you back as promised with no intention of doing so in full, you have the factual and legal basis to bring an action against her in small claims court for breach of contract and commons counts (money had and received).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.