If I took a loan out in my name for a friend and the friend is no longer willing to pay the loan back, am I able to sue her in small claims court?

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If I took a loan out in my name for a friend and the friend is no longer willing to pay the loan back, am I able to sue her in small claims court?

My friend’s dog needed surgery and she asked me if I could pay for it and she would pay me back. I spent $1200 with my credit card to pay for the dog’s surgery. My friend then tried to get a loan so she could pay my credit card off. She was denied the loan, so I got a loan of $3000 in my name and paid off my credit card and she kept the rest of the money. We made an agreement that she was going to pay the first 2 monthly payments of $95 and then next month she was going to pay the loan off in full after she received her student loan refund. She has not made any of the payments yet.

Asked on June 11, 2012 under Bankruptcy Law, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you advanced money for your friend concerning her pet and she received the benefits of what you advanced her but has not paid you back as promised with no intention of doing so in full, you have the factual and legal basis to bring an action against her in small claims court for breach of contract and commons counts (money had and received).


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