Legal Question in Credit and Debt Law in Massachusetts
Could I sue if someone does not repay a personal loan?
I would like to know if it is possible for me to file a lawsuit against someone who is defaulting on a personal loan? There was an oral agreement, but nothing written. I appreciate any advices or resources that could assist me in this matter.
E.N.
1 Answer from Attorneys
Re: Could I sue if someone does not repay a personal loan?
You could file a suit in Small Claims court if the amount owed is $2,000 or less. You can go to the District Court in your county and file the action. The clerk will schedule a trial date and send a copy of the complaint to the defendant. At the hearing, you will need to offer evidence that the money was lent and the defendant failed to repay. You may have a problem proving your case since you do not have any written proof that the money was a loan and it was to be repaid based on some schedule. It will basically be your word against the defendant's word. If there were any witnesses to the transaction, you should also have them testify regarding the loan. In the future if you lend money, you should write down the terms of the loan and have both parties sign the document.