I can't answer that. The choice depends on many things, and only you can decide if it's worth it in the end. I'll tell you some things to consider, but I am not an attorney, so you'll need to do your own research before you make up your mind.
The first question, of course, is the amount of money you are trying to collect. Going to court will take time and money, though fees are typically negligible in small claims proceedings. Still, is it worth 2-3 days of your time and $50 in court fees to collect $100-200 from this guy? I suppose that depends on how much free time you have and how badly you need the money.
Also, there's always an element of "he said, she said" with things like loaned money. You say it was a loan; he could say it was a gift with no expectation of repayment. I assume there's no written agreement, so how will a judge know who to believe?
Consider also that even if you win a judgment against him, you still have to collect the money. It's not like they make him pay up before he leaves the courthouse (if he shows up at all). He can claim that he's unable to pay, then you will have to go through the collection process: getting info on his finances, filing a claim against his wages, etc.
My point: it's not quite as easy as it sounds, though, if we're talking about many hundreds or even thousands of dollars, it might be worth it. Small claims court is typically limited to cases under $5,000, so if you loaned him more than that, it's a regular old lawsuit, which is even more hassle.
I'm not saying you shouldn't do it. I'm saying that it will take some time and work on your part. You need to get online and research how small claims court works in your state before you can make an informed decision. You could consult an attorney, but that will probably cost you as much as you are trying to collect, and you won't be able to take him to court with you, anyway, as no attorneys are allowed in small claims proceedings.
Readers--have any of you had experience with small claims? Any info or tips for our QA?
Thanks for the question, Jennifer. I hope you get your money back.
Small claims court is a big headache. It costs a few hundred dollars to take someone to court, plus time off work, etc. In my experience, unless there's some sort of document that says "loan" and both of your signatures on it...you probably have no case. An exception to this might be that he paid you back a few dollars, which might acknowledge it was a loan he began to repay. However, without something in writing....there is no evidence. You may have to consider it an expensive mistake and move on. Sorry. : (
tags lol i sort of have this policy that i don't loan money to people i care about unless i never need or want to see it again. that way, if i do, it's more a bonus than anything. obviously, that wont work here, but we've all made expensive mistakes somewhere along the line. small claims is a hassle though. Cary's right about the collection part, IF you win, all you will get from small claims is a paper saying he owes it, and he will get a judgment on his credit report and probably go out of his way not to pay it hoping you give up. you could try getting it from him again in other ways, like, talk to him again, be a bit on the amicable side so he doesn't get defensive and confrontational. just ask him for it, and if he starts or hems and haws, or flat out ignores your calls or whatever, voicemail it saying you will escalate it in a kind but firm manner. then maybe mail an invoice to his parents or something. i dont know how much the money is, but regardless, if you picked up a part time gig to make up the money he owed, you'd still spend less time and stress and grief on this that way than by going through small claims and collections.
Is the money that important or is it since you are not together is why it is an issue now?
You can always pi$$ him off & call his mom to help you retrieve it, lol. (Sorry…, I thought it was funny.)
Been to the "higher" court for a financial dispute over $10K. The place was jampacked and there was no interest hearing who was right nor did anyone care about justice. The staff explained all they wanted was for us to go in and out and settle cases. The judge spoke to both sides before officially hearing the case and said he would rule in favor of "the other side" if we did not agree to meet in the middle. Never mind I paid for a lawyer, flew in an expert - it was me and the judge coming to a number to settle the case and the judge making the other side see they had to take "my" offer. The judge explained his job was to make sure both sides walked out equally unhappy...
My ex owes me over 2500$, and yes, I took it to small claims. It got filed and everything; still waiting for the 30 days to be over to see what happens. I think it's worth the effort. It's not very complicated; the people at the courthouse gave me a very useful booklet that taught me the important things about the procedure. Just ask for some help and they will.
Plus, hey, it's worth TRYING. 50-100$ isn't too much money, and if you can get your money back, great! Why not try it? You're not losing a whoooole lot if you don't win the case.
It'll help a lot if you can at least prove you paid the money, like with receipts or something.
Anyway, good luck!
Thanks for the input. It was $750 over the course of 6 months.He did pay back $150, leaving $600. Small claims is under $5000 in my area. My father is a retired detective and told me all I needed to do. I called, texted, and emailed him. Then I emailed his mom, dad, sister and ex-wife! No response, but I'm sure they told him about my emails. I had already pulled the petition and other forms and filled them out but finally decided this weekend its not worth it, to me. I know I'd probably not see a dime, and I'd rather not have to speak / see him again. Anyway, Karma's a bitch, so what goes around comes around. Eventually. And I'll be there, looking down, pointing and laughing!