Legal Question in Civil Litigation in Georgia

personal debt owed

I allowed my best friend's boyfriend to borrow $1300 in october 2002. It was a cash transaction. No written agreements were signed at the time but my best friend was a witness of said transaction. Since that time only a few payments have been made, which were documented. I gave him written receipts. As of today, he owes $1,145. Several others know of this transaction and can vouch for it. I was wondering what, if any, legal recourses are available to me.


Asked on 5/31/03, 6:34 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: personal debt owed

This a perfect case for small claims court. I wouldn't even give him any notice. After all, when you file the suit, he will have 30 days to respond in court and/or make a settlement with you.

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Answered on 6/01/03, 7:05 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: personal debt owed

Your best bet, by far, is small claims court. Give him clear notice that you intend on filing suit, and give him a few days (such as 10) to pay in full. If he does not, file in small claims, or Magistrate Court. You should find the number in the government section of the directory, and the people are generally helpful. The forms are simple, and the trial dates are usually pretty quick. You will need to take a couple of witnesses, and evidence of his payments (which show that it was a loan) and simply state your case -- no hyperbole, arguing, or name-calling. Hopefully your friendship will make it through.

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Answered on 5/31/03, 6:53 pm


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