Legal Question in Real Estate Law in Illinois

I have a friend whom is unwilling to pay me $100 that he borrowed on January 20. He also has some of my clothing and jewelry at his house.. those amount to about $150. I was thinking of filing a small claims case at the Chicago Pro Se Court. I plan to also apply to have court costs waived OR sue for them in addition, as I am a student and have very little money.

He never EXPLICITLY told me that he would not pay me, but stopped talking to me two weeks ago despite my numerous (but non-harassing) attempts to get a hold of him. I have times of phone calls, a few Facebook messages, and numerous texts exchanged to prove that he has my things and owes me money. The phone calls and Facebook messages say basically nothing, but I believe the texts are good proof. One text from a few weeks ago that I sent actually lists the things he has of mine. Several mention that he owes me money Unfortunately, no texts ever state the amount of money he owes or the value of my possessions. I have typed up all the texts (minus a few that aren't very pertinent) in a word document. Is this sufficient proof that he owes me money and has possession of my things??

Also, will he be charged for anything? How do they ensure he actually pays me?


Asked on 2/21/12, 7:01 am

1 Answer from Attorneys
Stephen Messutta

Unless your "friend" has admitted owing you anything (and you are not clear on whether your electronic exchanges confirm so) this is a classic case of "he said, she said" (please excuse the gender orientation....), and the fact that you have pressed him on it is only one side of things, His "silence" may or may not be taken as some kind of admission of the debt itself or the amount, but when it comes to court hearings, 1 on 1 usually goes nowhere. As to your property, you should have a better claim for 'replevin" if he refuses you access to them, but you also need to prove the things are yours; this may take less depending upon several factors. You can try to get fees waived but if you lose you may be liable for your friend's court costs. Go to the 6th Floor of the Daley Center to the Pro Se desks and talk to one of the people there; they are very helpful analyzing cases like this as they see a lot of them even though they can't give legal advice.

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Answered on 2/21/12, 7:18 am


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