What to do ifI sold a friend cosmetics and they have failed to pay me back?

I sell cosmetics and I had a friend order $297.05 worth of stuff. She kept begging me and stressing me out to get her stuff before she paid for it and I was overwhelmed so I let her take it after signing a written agreement stating that she will pay me back this month. She has failed to do so. Should I take this case to court? If I have to pay for the cosmetics order, my fiance and I won’t have enough to pay for our rent or bills.

Asked on November 3, 2011 under Business Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Only you can decide whether you *should* take the matter to court--you have to weigh the money vs. your friendship vs. the fact that suing, even in small claims court, has some costs and takes some time. (Though filing fees are usually low in small claims court; generally under $50.)

You certainly have the *right* to sue anyone who either 1) purchases property or merchandise from you but does not pay; and/or 2) who violates a written agreement to pay you money. From what you write, you may have a strong case; while you can never count on any case as a given or guaranty to win, the odds, based on what you write, would seem to be in your favor.


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