How do I go about suing someone for the money thatthey owe me?

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How do I go about suing someone for the money thatthey owe me?

I let someone over $2,000 and they said they would pay me back. Every time I asked them if they where going to pay me back they said yes. Well I got into a relationship with someone and now they don’t want to pay me back. They said that who I’m with now can pay off my credit card that they are not going to give me one dime of it. This person has told this to other people and every time I try to talk to them about it they won’t talk to me. I’ve gave them more than enough time to try and make an effort to pay me back but they won’t give me money now or talk to me about the issue.

Asked on December 14, 2011 under Bankruptcy Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A loan, even if there was only an oral (verbal) promise to repay is enforceable--though obviously, if there is no written agreement, it can be more difficult to prove the terms of the loan, or even that it was a loan (and not, for example, a gift). That said, if there was a loan and it has not been repaid, you may sue the other party. You could hire a lawyer to bring the lawsuit for you, though for the amount of money you indicate, the lawyer's fees could eat up most or all of what you hope to recover. Or you  could act as your own lawyer and institute a lawsuit by filing a summons and complaint, probably in small claims court. Contact your local court, either in person or on the web, to find instructions and sample forms. Good luck.


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