I loaned a friend 600 dollars 8 weeks ago and she was supposed to pay something back or set up a payment schedule by the New Year and nothing has been set up. I have it in writing that if she did not pay it back then I was going to file a small claim against her.
My question is, would it be even worth filing over a debt less than 1000 dollars? There is 3 working adults that all signed the paper to pay me back, can all three can be filed in the same case?
If you have an agreement with three guarantors then you can (and should) name all three in an lawsuit. As for whether it is worthwhile to file a lawsuit, that is your call. You must balance the costs of small claims court (could be anywhere from $80-$150) against what you have already lost and expect to recover. A judgment in Court doesn’t guarantee that you will recover those sums and you could just be spending more money chasing money. For a claim that small, you may also want to consider the social effects (i.e. are they friends, family, etc. and will you burn any bridges with these folks by filing a lawsuit against them). One way to approach this and avoid suit costs is to give time an opportunity to pay it off in smaller increments over a longer period of time, might ease some of their financial burden plus get you the money back
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law apply, unless otherwise specified.
That being said, if three adults signed, it sounds as if they all guaranteed the loan - in which case, they would all be liable. You can bring a claim in small claims court, but I'd try to work out a collection schedule first. The time and expense for $1000 may not be worth the court battle.
/Christopher E. Ezold/
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.
Seems like it--if you have a written agreement. But at this time get a deadline from them, and get something in writing that they agree to do it. that way if you go to court they can't give the judge a story about how you jumped the gun.
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