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I am being sued for 40$ by my sorority sister.

Dartmouth, MA |

One of my sisters in my sorority is suing me for money she feels I owe her from when we pledged together almost a year ago. The amount she wants is only 40$ but I refuse to pay her since I feel like I do not owe her the money, or any other of my sisters since they knew that I had no money from the beginning and we never came up with any formal written document that I would pay them back. Now for the last 3 months she has been harrassing me on Facebook to pay her back. I do not have a job, nor any form of savings so I do not have a way to pay her back. So I don't really know if I should be worried about going to court over 40$. Its not like she is in need of the money.

Attorney Answers 4

Posted

In a lawsuit, the plaintiff has the burden of proof of convincing a judge (or in this case, the clerk magistrate) that a loan was made and not a gift. There is no legal requirement that a loan agreement must be written, although such an agreement is obviously useful. However, your attitude -- the "it couldn't be a loan because they knew I didn't have the money to pay it back" thing -- is not going to play well in court. Besides, your refusal to pay the money back has really damaged your reputation and the quality of your relationships, and friendship is worth far more than money.

Ask your parents to give you the money, pay it to your sister, and get this whole thing behind you.

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

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Posted

If you go to court and lose, a judge will determine if you have the capacity to pay. If not, the judgment against you will be a meaningless piece of paper. (But remember that the judgment might hurt in other ways, such as reducing your credit score if you want to borrow money from a bank or get a credit card.)

Evaluating any legal question requires a detailed knowledge of the specific facts involved. Since a short question will rarely contain all the relevant facts, the answer here should be considered a general comment for your consideration and not legal advice.

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Posted

The filing fee would exceed the damage amount. If your travel exceeds the value of the claim, it may not make sense to appear and argue. Even if a judgment is entered against you, she/he must then pay to seek execution of the judgment. Good luck.

NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.

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Posted

The defense that they should've known better than to lend you the money seldom works.

I HIGHLY doubt she will go court for $40 when the filing fee alone is more than that. If she did, based on your post, I'd say you have a good chance of losing.

You should find a way to execute a repayment plan--that is the Sisterly thing to do.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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1 comment

Asker

Posted

Well she actually didn't lend me money at all. She paid for whatever she decided to pay for, but since i did not pay for anything thats why she feels I owe her the 40$

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