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Can I bring him to court?
I was dating this guy on and off for awhile, and we're officially done for good after this incident.
What happened is that he told me he was short money for rent last month and his dad would kick him out if he didn't come up with it, so I felt bad and I lent him $300 on the terms that he would pay me back by October 31st, because his work hours were supposed to pick up in the next weeks and he'd be able to come up with the money. I even had him sign a contract with these terms and we both signed it and so did a friend of mine as a witness.
Basically what happened is that I found out he lied about the rent, he was never short money and he was never going to get kicked out. He just wanted to buy a new stereo for his car. I called him out on this and he said, "I'm done with you" and I haven't heard from him since, but he still owes me the money.
Can I take him to local court for this if he does not get in contact with me and return the money? I have the contract that we signed. Will I have to get a lawyer into this case, or is it straight forward enough that I wouldn't need one? If I need one, then it would suck cause the cost of a lawyer would be more than what he owes me anyways. I really need advice, thank you.
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How he uses the money is not the relevant issue. The issue is will he pay you back according to the terms of your agreement.
If October 31st goes by without his returning the money lent to him by you: You must first send him a registered letter with return proof of delivery receipt, demanding payment. The letter does not need to be long just to the point.
Dear Mr. So and So
On this date you agreed, by copy of
agreement attached, that you would
make payment in full of the $300.00
loaned to you by 10/31/2011.You have fifteen (15) days from the receipt of this
demand for payment to make payment in full or I will seek restitution in the courts.
Sincerely
If payment is not made to you by the 15th day following receipt of your demand letter; on the 16th day you go to district court and file in small claims court. Bring a copy of your, contract, demand letter and the proof of delivery with you in case the court wants to include it them the filing.
Ask for and pay for Sheriff service of the filing and include in you filing a request for the $300 and costs in your request for restitution.
If your ex boyfriend refuses acceptance of your demand letter you are free to file as soon as the letter is returned to you. Keep the return letter as you may need it in court.
The reason I am asking you to send a demand for payment letter is you need to show the court you have made every attempt to resolve this matter civilly. This will weigh in your favor.
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Sue him in small claims court.
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Google "Small Claims Court -YourState-"
For three hundered dollars, you probably don't need a lawyer. In most states that is simply small claims court (less than $5000) and there are some fees involved in filing in small claims court, but they are minimal.
Of course, you should file the complaint until after October 31st - and you'll need to do some more research to make sure you've done everything you are supposed to before you take legal action.
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You've been scammed
If you have a document agreement stating that he agrees to pay you back with his signature on it, Yep he's screwed and you can take him to court. Lawyers are very costly but if you think you have enough dirt on him to go against him without one.....I'd go for it. In the meantime I wouldn't be lending out anymore money.
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