If I loaned my ex money and she agreed she would pay me back but now refuses, do I have a chance in small claims court to receive repayment?

UPDATED: May 29, 2012

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If I loaned my ex money and she agreed she would pay me back but now refuses, do I have a chance in small claims court to receive repayment?

My girlfriend and I separated on good terms and moved out of our apartment. She told me to keep everything we bought together. Then she became ill and couldn’t pay her bills (bills include her half of the rent she was still contracted into, her half of the phone bill, and her cancellation fee of said phone bill). I offered to cover them temporarily as long as she paid me back. She agreed. When I asked her to begin paying me back she agreed to $100 a month. Now she refuses. I have a copy of her signed lease and a transcript of her agreement to pay me back. Is small claims an option?

Asked on May 29, 2012 under Bankruptcy Law, Arkansas


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

Answered 10 years ago | Contributor

You can file your lawsuit in Small Claims Court.  The written agreement your ex signed will provide evidence of the existence of the loan.  Your damages (the amount of compensation you are seeking to recover in your lawsuit) would be the amount of the loan plus interest plus court costs.  Court costs would include the court filing fee and process server fee.

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