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Anonymous
Anonymous asked in Politics & GovernmentOther - Politics & Government · 2 months ago

Can we take someone to small claims court over this?

My boyfriends friend owes him money, he claims he owes us like $200 less than both my boyfriend and I remember. Unfortunately my boyfriend deleted the text stating the amount owed because he (and I both) never thought one of his best friends would screw us over like this (stupid, we know). His friend claims he has a text where they both agreed on the lower amount but he has yet to send it to us as proof. We’ve contacted him asking for the text and he has read and ignored both of us. We have cash app transactions where he made one payment of $100 (out of like over $2,600) and have screen shots of us trying trying to work with him even willing to take payments and us asking for the text message he claims he has for proof. It’s been a year and he has not made any progress towards payments.

Update:

He admitted through a text to my boyfriend that he had lied about owing less and lied about having a text as proof.

10 Answers

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  • Foofa
    Lv 7
    1 month ago

    Doesn't sound like you have a lot of proof of the type that would be required to bring a case. But you can always try.

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  • Archer
    Lv 7
    2 months ago

    He has proof and is not required to provide such unless he is asked to in court. You actually have apparently no proof he owes you anything now do you! What will you present besides hearsay and personal opinion in a court!

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  • Anonymous
    2 months ago

    I think not.......................

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  • 2 months ago

    It's possible they agreed between themselves that the lower amount is owed, but now your boyfriend doesn't want to appear weak to you. Getting involved in your partner's financial transactions with his friends can sometimes make the situation much worse. 

    Be supportive, but let him figure it out and then perhaps they can come to a suitable arrangement. If you try to force the issue, then your boyfriend may be paid nothing and he could permanently lose contact with this other person.

    Money owed or loaned to friends is often the biggest destroyer of those relationships.

    You could take the matter to court, but you will need some evidence to win.

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  • Anonymous
    2 months ago

    Can you file?  Yes.  Can you win with no proof?  Probably not.

    Your downfall?  You have screenshots of what is not contested.  You have no info on what is contested.

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  • Eva
    Lv 5
    2 months ago

    You need proof to present to the court to back up your claim. You have very little, especially none confirming the debt.

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  • 2 months ago

    Yes, you can sue in small claims court. He doesn't have to show you what proof he has but he will have to show a judge. Just like you will have to prove your case.

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  • 2 months ago

    If you didn’t get something in writing that is recognized as a legal and binding contract then you may or may not be successful in court. Some judges see text messages as an agreement but some won’t without other documentation. If he had this text then why wouldn’t he share it since it proves his version and not yours? Sounds like he’s trying to stall you so long that you will give up in the name of “friendship” and decide against strong arming a friend. I’d hire a lawyer and get some advice on next steps.

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  • Robert
    Lv 7
    2 months ago

    Sadly, without a written contract it's not likely collectible. Even if you went to small claims court with your "verbal contract", you'll say he owes you $XXX and he is going to say, "no I don't". Try sending at text asking for a payment toward the amount you think he owes. If he sends a text back saying, no..I only owe you $xxx, you will at least have an admission that he owes you that amount and that is money you can file a claim for. Sadly collecting is can be a burden even after you get a judgement. But for now try to get him to send something somewhat regularly. You'll never get it all but you have learned that he is NOT your friend. Never ever ever discuss the loan on the phone or in person unless you are recording the conversation. Only communicate about it in writing.

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  • 2 months ago

    Sounds like a great case for Judge Judy!

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