How do I go about filing a lawsuit on a friend who I lent money to but who has failed to pay me back by the contract deadline?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I go about filing a lawsuit on a friend who I lent money to but who has failed to pay me back by the contract deadline?

Asked on September 11, 2012 under Bankruptcy Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

For several hundred dollars through, say, $2,000 or $3,000, you're better off filing a small claims case and representing yourself pro se (acting as your own attorney), to save on legal fees. You would file a summons and complaint with your court, which would then serve them on the defendant; in the complaint, you lay out the facts and the basis for the suit, such as that you loaned the friend $X on such-and-such a date, if there was or was not a promissory note or other agreement, the terms of the loan and when it should have been repaid, and the fact that it was not repaid. You can get instructions and sample forms through the small claims court.

For more than $3k, you're probably best off hiring an attorney to sue on your behalf. Good luck.

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

Answered 9 years ago | Contributor

You can sue your friend for breach of contract.  Depending on the amount of the loan, you may be able to file your lawsuit in Small Claims Court.  Your damages (the amount of compensation you are seeking in your lawsuit) should include the amount of the loan plus interest plus court costs.  Court costs would include the court filing fee and process server fee.

You can obtain the forms you will need to file your lawsuit for breach of contract from the court.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption