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Can i sue my friend who owe me money? He claims that he has no cash but told me his dad will pay me back the money he owes me.

Sunapee, NH |
Filed under: Small claims court

At first, he asked me for money saying that he do not have cash with me. He told me he will pay me back asap once he got the money. Subsequently, he asked me again for me to pay for his car installment... etc

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Attorney answers 2


The short answer is yes you can sue him, but I do not know how much he has borrowed, so it might not be worth the investment it would take to win the money back via a lawsuit. The first thing you need to do is never lend this guy any more money. His dad is not obligated to pay you back, so there is no sure way you are going to collect. I would also suggest, you find out if there is a small claims court, or something similar in your state, as it sounds to me, from the facts above, that we are talking about a small amount of money.

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hi Travis, thanks for your answers. He has borrowed from me about close to $12k Singapore dollars. To me, it is a huge amount and it is my hard-earned money. Ya i regretted lending this guy my money. I was too kind. Seems that he is always giving me excuses saying that his dad is not in town and assure me that once his dad returns, he will settle the money. I am still not convince. So you would suggest to go through a small claims court? The bad thing is that i do not know where he lives.


I am not licensed in NH, but hope you'll find this information useful.

I agree with my colleague, and want to emphasize the recovery part of the equation. There is no point in suing someone if you cannot collect. Even if a judge awards you damages of $5000 (hypothetically), that does not mean that $5000 will magically appear in your bank account. You still need to take the Court's judgment and "enforce" it. And so unless your friend has money to pay the award you make not want to sue him. Having said that, a judgment can be enforced many years after the fact, so if you think your friend will get money eventually, you may want to sue him and register the judgment. You only have a set amount of time to sue him and so you should decide quickly, depending on when you made the loan and/or last received a payment. Good luck.

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hi Daniel thanks for your answers. I think i may be able to collect cos currently he has two cars. I don't believe he do not have the money to pay. But if i go to the small claims court like what your colleagues says, i will need to have the evidence am i right? i only have sms evidence like the conversations with him and his dad. The money which i have borrowed him was not being transferred to his account but i withdraw the money in thousands instead. Seems like my bank account statements can't be use as one of the evidence am i right? what if i record my conversation with me and my friend discussing about the money? will it helps?

Daniel DeMaria

Daniel DeMaria


You're welcome. You need to be careful because just because he has two cars doesn't mean he owns them - they could be leased or each be paid for largely with a bank loan, and so you need to check to see if there are any liens on them. Though like I said, if you think he will come into money you should sue. You absolutely need evidence. Ideally you would have a written agreement. Text messages may be ok, but it really depends what they say. You can use the bank account statements to supplement other evidence, but alone they wouldn't really show much. Under New York law you're allowed to record a conversation with your friend without telling him, and it could help depending on what he says. If the loan was big you may want to hire an attorney for assistance in suing him.

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