Legal Question in Civil Litigation in Massachusetts

March of 2009 a man i knew gave me $10,000 to purchase a vehicle. We never had any written agreement on repayment. Verbally, we agreed that I would pay $285/month as I could until the amount was paid off. Last summer I feel on hard times, Not being able to pay him. In September he came to me and told me he would leave me alone for 6 months while I figured out my financial situations. 3 months later he started calling me up to ten times DAILY, he showed up at my house several times, and he came to my work 3 times and told everybody that I work with that i was a liar and a cheat. I said to him that I would not be repaying the remaining balance until he calmed down and gave me the time he promised me. Since then he has filed a claim in small claims court. He is asking for $3200 + court fees.

1. He always wanted me to pay in cash, so its hard for me to prove...but I made 26 payments, plus an additioanl $200 the first time he showed up at my work. The most I feel I would owe would be $2500.

2. When He gave me the money, he wrote a check. The check was made out to another person. Without a written statement, would it be possible for him to prove that he actually loaned the money to me? and would it be possible to request a copy of the check from his bank to bring to court with me?

3. I currently live in New York. If i can't make it to court, is it possible to send legal aid in my place>


Asked on 7/04/11, 5:17 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm not sure what legal aid service exists to assist someone in defending against a claim of non-payment of a personal loan.

To answer your specific questions:

1. There is no question here, but you owe the balance of the debt. His task will be to prove the money was borrowed by you and that there is a balance remaining and now due. Your task will be to demonstrate payments made.

2. You have the right to engage in discovery under the Small Claims rules, but you must bring a motion before the court.

3. You must either attend court yourself or send your attorney.

Your best bet - since you seem to acknowledge that you owe the debt - is to compromise and offer the plaintiff a sum to settle the claim.

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Answered on 7/05/11, 7:00 am


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