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?
Real Estate Attorney
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.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Personal Injury Lawyer
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.