Legal Question in Credit and Debt Law in California

Re: A friend owes me money

In reply to your inquiry, let me offer the following:

You can bring an action for up to $5,000.00 in small claims

court. Be aware though, that you are only allowed to

bring 2 small claims court actions where you demand

$2,500.00 or more in one calendar year. Contact the

local municipal court clerk's office and ask how to

get in touch with the Small Claims Advisory Service.

They'll give you more information and help you with

the forms and such.

Be prepared though, for some possible problems of

proof regarding any amount over the $2,780.00. Be

prepared to show cancelled checks or other documentary

evidence showing the transfers. If you can't show

documentary evidence, and the x-bf denies anything

over the obligation in writing (hopefully it's a promissory note),

the judge will have to decide whether he believes you or your

x-bf.

As to the constant contact - phone and e-mail. I'm

not sure its actionable harassment, but I'd suggest

that its time to give it a rest. Its clear the x-bf is avoiding

you and his obligation on the loans. Consequently, its

unlikely that continued efforts at contact will result in

payment.

So, rather than continue to aggravate yourself, why not

simply send a final demand letter to him via certified,

return receipt requested mail, and let him know that you

plan to sue if he fails to make payment. Use that

postal form and transcripts of your e-mails (assuming they're

not too emotionally charged) as evidence for the court

that you've requested payment but that he has refused.

Best of luck and feel free to let me know if you have questions or

comments. Now, let me give the "de rigeur" caveat:

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant facts and documents, nor can

provision of such information be construed as

creating an attorney-client relationship.