Legal Question in Civil Litigation in Massachusetts

I loaned out 10,000 and all I have is a cancelled bank check and nothing signed can I win in small claims court?


Asked on 7/07/14, 6:21 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

You probably don't want to file in small claims, because you will be limited to the jurisdictional dollar limits. You should think about retaining counsel to file suit in the District Court on your behalf. Based on my experience, the other party is likely to raise an argument that your $10,000 payment was a gift. You simply want to present facts that make it more likely than not that your $10,000 payment was actually a loan. Facts can be something someone said to you or to someone else about the transfer, e-mails talking about the transfer, a course of conduct between the parties, etc.

Hire counsel and file suit to establish your claim before the statute of limitations runs on your right to do so.

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Answered on 7/08/14, 9:15 am


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