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What can I do if someone owes me money?

Roswell, GA |
Filed under: Bankruptcy Lien

Hi I would like an advice, I live in Georgia and I am trying to suit a person who owes me money and doesn't want to pay. I let him borrow this money when he had an emergency. I went and got a form from the Small Claims Division and It asks me what type of suit I am doing and I don't know which one to chose. The options are Account, Contract, Note, Torte, Trover, Special Lien, Foreign Judgment and Personal Injury. There was no written contract and don't know if this can affect the case in any way. Also can I add the court fees to the defendant?

Attorney Answers 3


It is still a contract. You lent him money and he agreed to pay it. Sue for breach of contract. You can get court fees and interest on your claim. You have to prove you lent him money and he agreed to repay it.

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You would choose contract and you can include fees in the complaint. Not having a written contract could effect the outcome if he chooses to answer claiming he doesnt owe you any money.

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You choose "contract" and add court fees to the amount you are seeking. The suit must be filed in the county of residence of the person you loaned money to. You don't need a written contract to file suit, but keep in mind that this person may testify that there was no loan made and the judge will be faced with determining the credibility of each person to determine if a loan was made. For that reason you should bring any and all evidence that shows, or tends to show, that you did loan money.

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