Legal Question in Credit and Debt Law in Illinois
Small Claims-starting questions
Friend to Friend cash loan. Defendant signed promissory note. Cash given to defendant via check.
Does the plaintiff need to have proof that the defendant has not paid the amount owed or does the defendant have to prove that he has in fact made payment?Plaintiff has record of emails from defendant stating that he has not made payment. After a summons was served to the defendant, an email was sent to the plaintiff stating that the loan has been paid. What happens if the defendant claims that he paid with cash? Can I use email records to prove that he stated that the loan was not paid? If the defendant claims payment prior to a dated email indicated no payment, can this be used in court? Basically, how do I prove that the defendant is not truthful if he claims cash payment?
thank you.
1 Answer from Attorneys
Re: Small Claims-starting questions
You are in the drivers seat, you were smart enought to have him sign a promissory note, put it in writing, when he pays he should seek a reciept to show it is paid,( something in writing ) the judge will need more proof than just his testimony that he paid you cash .
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