CASE:
I live in Natick MA for the past 10 years. I loaned USD $10,000 on 19 July 2006,to a Borrower. Loan term was for One Year.
The Borrower did not replay me anything till now.
EVIDENCE:
1) I have no written agreement. Loan is based on oral Agreement.I have bank statement showing the money I loaned to her.
I have emails telling the Borrower to return the money. A thank you greeting card form Borrower(without the mentioning the money)
2) I can prove the borrower did not give me any bank cheque.
If the Borrower says she paid us, I can ask her to prove if she has withdrawn $10,000 infull to return to me or any moneygram send to me.
Or any Bank transaction. Which she did not do any of these.
CURRENT STATUS:
We could not find her at all, for all these years.We found her only on 2 June, 2011. On 2 June, 2011 She told she will return the money with in 15days .
She did not return any money yet.
QUESTION:
1)Can I go to Small claims court? Will the bank statement be enough.
2) If I win the case will MA court Enforce it.
3) Can I sue Borrower to pay the Inflation adjusted Loan amount.
4) Can I ask the Borrower to pay the court Fee.
Thank you.
Small claims court
You cannot collect more than $7000 in small claims court. (Follow that link for information about suing in small claims court.) That means you will have to either attempt to collect that lesser amount or go to District Court or some other court that is not particularly friendly to pro se litigants (those who represent themselves). Given the amount of money involved, your best bet is to talk to a Massachusetts Lawyer. She may be able to help you collect the money without going to court, will make your life much easier if you do need to go to court, and then show you how to actually collect the money after obtaining a judgment. Obtaining a judgment is only a step in the process.
I know: Nobody wants to spend the money to hire an attorney. But litigation is a confusing and time consuming chore.
Thank you for your reply.
Thank you for your reply. Will we win our case in small claims court, with the bank statement transfer.
Small claims court
If I could predict the future . . . As the plaintiff, you will have the burden of showing a number of things by a preponderance of the evidence. In other words, you will have to convince the judge that it is more likely than not that, among other things: (1) there was a transfer of money that was received by the defendant, (2) it was not a gift, and (3) the defendant failed to repay the loan. So, yes the bank statements will help. Any letters or emails that back up your claim will help. And your testimony, if well organized and consistent, will help. Good luck.
Can I sue the Borrowers
Can I sue the Borrowers Husband, because the wife has used the money for personal expenses like food, shelter, clothing when they where in a dispute. The are not living together, but not divorced.