If I loaned money to my ex boyfriend who has agreed multiple times to pay me back but has yet to do so, do I have a chance in civil court?

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If I loaned money to my ex boyfriend who has agreed multiple times to pay me back but has yet to do so, do I have a chance in civil court?

Asked on January 6, 2012 under Bankruptcy Law, California

Answers:

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

Answered 9 years ago | Contributor

If the loan was in writing, that will strengthen your case and provide evidence of the existence of the loan.  If the loan was not in writing, but you had witnesses or other evidence of its existence, that will also strengthen your case.  If the loan was not in writing and you don't have witnesses or other evidence of the existence of the loan, then unfortunately it will just be your word against his if he denies the existence of the loan.

Your damages (the amount of compensation you are seeking in your lawsuit) would be the amount of the loan (principal) plus interest.

The amount of your damages will determine whether you can file in Small Claims Court or have to file in a higher court such as Municipal or Superior.  Your state may have different names for Municipal and Superior Court.

Your damages should also include court costs such as the court filing fee and process server fee.


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