Legal Question in Civil Litigation in California
My friend won't pay me back the money he owes me
A friend of mine and I took a two-week vacation together last month. I paid for the airline tickets, hotel, food, car, and activities on the trip. We discussed payment arrangements before I purchased anything. He agreed (orally) to repay me in full. Since we have been back, he has given me two cash payments totalling only $30. I asked him to sign a repayment schedule/promissory note, but he became hostile. He told me that he would not be paying me back anything. I made the ticket and hotel reservations in both of our names, and I have all receipts with the payment information on them. I have witnesses that saw him give me money after the trip. Can I take this case to small claims court, or am I wasting my time? Any input would be greatly appreciated.
2 Answers from Attorneys
Re: My friend won't pay me back the money he owes me
If you have all of the documentation, which it sounds like you do, I would definately recommend you file a lawsuit in Small Claims. You can sue for up to $5,000 and even if he is broke right now, the minute he get's a job you can file a petition to garnish his wages if you have a judgment. Even though you don't have any agreement in writing the fact that everything was in both your names and he has already paid you to installments should be proof enough for the judge that this wasn't a gift from you but a loan. Good luck. The sooner you file the better your chances at winning.
John Hayes, Esq.
Re: My friend won't pay me back the money he owes me
You could (& should) file a small claims suit as soon as possible, as already suggested.
However, I suggest you take your deadbeat "friend" to Judge Judy. ;-)
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