Can my friend take me to court owing her money with no proof thatI receivedgot it?

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Can my friend take me to court owing her money with no proof thatI receivedgot it?

My friend says that I owe her $100. She says that she is going to take me to court if I don’t pay her by this coming Friday. Is it possible since I never signed anything saying I got it?

Asked on April 23, 2011 under Bankruptcy Law, Kentucky

Answers:

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

Answered 10 years ago | Contributor

Your friend has the burden of proof of providing evidence that you owe her $100.  If there is other evidence showing that the  financial transaction occurred, that may be sufficient even though you never signed anything saying you received it.  If her evidence of the existence of the financial transaction does not satisfy the standard of proof, then you would prevail.  The standard of proof in a civil case is a preponderance of the evidence which means more likely than not. 

This is a Small Claims Court case.  Your friend could sue for the $100 plus court costs.  Court costs would include the court filing fee and process server fee.


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