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I loaned $8200, looks like he is not going to pay it back. How do I file in small claims court or what are my options?
Granite City, IL
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Posted about 1 month ago in Litigation
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I loaned him on 3 occasions $6000 on one, $1000, and $1200. He lives in Indiana and I in Illinois. Do I file in Illinois or Indiana? What is the limit I can claim? I do have receipts from my credit card and my bank and Western Union showing they were sent to him. Unfortunately I did not get any signatures from him on the loans and in the process of looking through past e-mails looking for proof of him agreeing to pay me back.
Do you have any other things I need to know or do? Answers (1)
Erik Glen Swanson
This attorney is licensed in Illinois.
Posted about 1 month ago.
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You're likely to have a difficult time proving your case. Not impossible, but difficult. Your friend may deny you ever loaned him the money or claim it was a gift. Without proper documentation, the only thing you would have to refute this claim would be your testimony. The more you can find showing the terms of the loan, the better.
You would also need to be able to prove the length of the loan, i.e., when was he suppose to pay you back? If unclear, he could argue, with some promise, that yes, he might owe you the money, but it's not due yet, so he hasn't breached and you don't have a claim. As for where you should sue, it would depend on where the contract was made and carried out, in addition to his residence. However, even if Illinois would be a proper venue, you'd have to go to Indiana to enforce any judgment (if you got that far), so it might make more sense to start there in the first place. |
