How to legally get money that is owed to by someone?
I got this guy that owes me $210. He's my buddies roommate and back in June we had all went out on the boat on the river. While I was standing on the Back of the boat he pushed me into the river with my iPhone 4s in my pocket after I loudly proclaimed do not push me in the water, needless to say that it caused my phone to not work anymore. I told him that he was gonna buy me a new phone and he said he would. Well its been about 7 months now and he still hasn't paid me because he "doesn't have the money" even tho he's had money to go on two trips (one to Chicago and one to Mississippi) and has money to go out drinking every other weekend. I've called him and text him about getting my money or I will take legal action. My question is what type of legal action do I have here?
Added (1). If I file in small claims court then who would be responsible for court costs? I don't see in any way how I would be responsible for them and I honestly could care less if we're still friends…
Small claims court. Since you might want to still be friends you could try judge Judy. That way he wouldn't pay out of pocket… If she takes you.
There's no legal way! You have no evidence to prove your case, and it would simply be a matter of your word against his.
You can file a claim in small claims court. I would actually tell him he can either start making payments (even if $40 at a time etc whatever he has) or you will be filing it in small claims which will also include court costs on top of it. Its best to see if he can start making payments that way first but have a record of everything he gives you like have him pay by check for proof.
>If I file in small claims court then who would be responsible for court costs?
The loser BUT even if you win the case all you're going to get is a paper judgement the judge won't force them to pay you're still responsible for collecting the debt and only about 30% of judgements are ever collected. If this guy refuses to pay the police won't get involved but if you can find out where he banks you can present the judgement for collection.
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