Legal Question in Civil Litigation in Florida

Do I have a case in the U.S. Small Claim Court?

If a friend borrowed cash money from me and she does not seem to have any intention paying me back, can I take her to court and get my money back? I don't have anything in writing that she has borrowed this money but I do have her voice recorded (did it myself) that she has taken my money and intends to pay it back. she does not know that I have this recording but i did record this during one of our conversations. It has been 4 months and she has been ignoring me every way possible. I really appreciate any advise that you can give me. I would like to take her to the small claim court and just want to know if I have a case and what is required to win the case before I spend any more money.


Asked on 11/24/06, 8:03 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Do I have a case in the U.S. Small Claim Court?

You can sue in small claims court for your money. It is your burden, however, to prove that there was a contract (i.e. a loan) and the terms under which she was going to pay the loan back. The tape recording is not allowable as evidence and may, in fact, be a crime unless she knew that she was being recorded. If she did not know about the recording, you would probably be best to leave that issue alone. If there are friends of hers that can confirm the debt, that would be good proof (I assume from your note that you gave her cash).

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Answered on 11/26/06, 3:22 pm


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