I have a "friend" who borrowed $ 150 from me in 2008. She told me she would pay me a week later. She never did, and every time I ask her she gives me a truckload of excuses and even gets an attitude with me.
Here is a little more backround information, she and her boyfriend have been together since about 2005, and she had been trying to have a baby for 3 or 4 years (I never considered that when I loaned her the money, she said she needed it for rent and I never thought she would conceive anyway). So from December 2008 until the time she conceived (June 2009) she had almost no contact with me. Then when she found out she was pregnant, she texted me to let me know that she won't be able to pay me back anytime soon. She is signed up to three different welfare programs, her child is well taken care of. She smoked during her entire pregnancy and spends about 50 dollars a week on cigs. After she gave birth, she returned to partying and drinking beer. I would estimate that she and her boyfriend spend at least $ 100-$ 150 a week on beer and cigarettes.
A close friend of mine gave birth in the same week that this girl did, so they have become friends, and she let me know that this girl is lying about her money problems and she brags about the money she has saved up. I know that they get together and drink every weekend. But whenever I text her asking for the money, its always "well I have to take care of my son and I have nothing". She is currently working, along with her boyfriend, and I asked her for $ 20 a month. She won't even agree to that...its less than a dollar a day.
I am sick and tired of her excuses, she gives me attitude every time I text her and its time to teach her a lesson. I have NO money, so I can't go into court with the risk of losing and having to pay court fees. I have about 15 text messages from her confirming that she owes me money, my bank statement that shows when I took out the money, and some pages from her boyfriends facebook that prove that they have the money to party. Is that enough? What are my chances? Will the judge give her sympathy because she has a child?
Answer by HAPPY
Doubtful in your book you failed to include enough proof that she owes the money and all the things you did include would mean nothing in court.~
Answer by LSL
look, if you really have proof that you lent her that money you will win.
The problem is, that there is not even a written agreement between you two, and I am pretty sure she knows that there is no way you can make her pay..
Unless, she told someone about you lending her the money, and they are willing to help you testify, then you may have a chance without a written proof.
A judge would not care if she has money or not, if she parties, if her kids are well taken care of; what the judge will look for, is the proof. Judges don't go by she said, he said, I said etc, etc.
Answer by Phil
Her texts are probably all the evidence you need, but you need to file your case right away -- the statute of limitations could be very short in your state on this kind of debt.
I suggest you text or email her in such a way that you can get her to respond with something that is clearly showing she promised to repay you. Then file your suit.
"Hey Jane, you know Ioaned that $ 150 two years ago, and I understand that you are not rich, but really, don't you think you could come up with $ 5 or $ 10 a week to pay me back?"
Her answer "really, no I cannot afford it" is an acknowledgement of the facts in your text...
Email would be better.
And don't feel bad about it at all, she definitely deserves more than this will cost her.
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Orignal From: What are my chances of winning? (small claims court)?
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