I lended someone $4000 last year, this was written on paper with signatures. Later I lended him 1500 more without written agreement, but I used checks and noted as “personal loan”. Till now he has not paid me anything back, I hope I don’t have to, but if somehow I have to, how much would small claim court would let me ask back? The entire 5500 or only the 4000 with written agreement? Thank you for any advice! I need this money but not super urgent, I hope to use it for down payment of a car, my last one is almost dead. I’m from Alabama.
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You can ask for it all back however it doesn’t mean you will be awarded it. It all depends on what your argument is versus there’s an who has a stronger argument.
In Alabama the max small claims is 6,000 so what I would do is file the claim for $5,500 they’re most likely only going to honor the 4,000 if that’s the only one you have a written agreement for but it doesn’t hurt to ask. And it cost the same court fee to ask for $5,500 as it does for $4,000. You’re also going to have to pay in the state of Alabama a process server to serve the person if it needs to be done after normal business hours. And this can cost you upwards of $150 to $200 and the court will only reimburse you for $75 just an FYI that’s what I found out when I did a small claims court case in Tuscaloosa county.
thank you! This is so helpful!
With all the fees ask for $6000 and see what you get. You have 2 loans, court fees, serving fees and just the fact you have to take idiot to court to pay. You probably will have to pay to garnish his wages. What about interest? Ask for $6k and see what judge gives you.
need to ask for that amount they will credit her back those fees outside of the small claims amount they’ll only willing to credit them so much though so process serving can only be credited so much they’re not going to allow her to take more than the $75 they’re willing to offer. She doesn’t need to include it in her small claims.
Your check should suffice.
Judge Judy 101!
Best of Luck and no more loaning, especially not twice.
It’s so sad that nice people can’t trust others to be nice back. Hope you get all of your generosity back.
Try to begin gathering evidence now. Have the person admit to you in a message that the money is owed. Ask him in writing when you can get your $5500. Let him admit he owes it. Then sue.
Here is your AL small claims court guide. It answers a lot of basics. https://judicial.alabama.gov/docs/library/docs/smguide.pdf
The amount for small claims ends at $6000 so be careful and handle promptly before you need to hire an attorney.
Lesson I learned a long time ago from my father growing up when lending by 10 Speed Bike to someone. This goes for money, bikes, cars, clothes, etc. it just places you in a bad position.
“Don’t lend, Don’t barrow”.
I never had a bike again until I was able to buy my own
I really can’t understand how most of people take advantage on someone’s kindness and trust, if someone helped me and gave me an amount of money without papers, I would do everything I can in the world to prove that I am a trustee person and give him back his money “even if she forgot about it” so she don’t lost trust in others and quit helping anymore, smh
my experience is those are the type of people who don’t put them in situations where they need to borrow money from other people
I’m not sure thought I heard thru here amount was $5000, can’t you call the court in your State to get a quote on that ,?