Legal Question in Civil Litigation in Massachusetts
Should I pursue small claims court or civil litigation?
I was in a relationship for almost 4 years. During the years I let my boyfriend borrow a great deal of money. He currently owes me $10,786. This money was lent to him to pay for his schooling, general living expenses, purchases, vacations, etc... I also put him on my credit card to build his credit. I have since paid all the credit card debt so that it didn't hurt my credit, so he owes me only. He is now refusing to pay me back. I have kept a great deal of documentation, much of it quite itemized. I have emailed the budget documentation to him and he has responded in the past, thus consenting that he owes the money. Should I go to small claims court and just accept $5000 or should I bring it to civil court? How much (approximately) could it cost me and what are my chances of receiving it all. He has a good job and should be able to make payments.
3 Answers from Attorneys
Re: Should I pursue small claims court or civil litigation?
Probably will affect your analysis: the jurisdictional limit of small claims court is only $2,000.00.
I doubt that you want to pay an attorney hourly fees to take this case. You might find a struggling lawyer willing to take it on a contingent fee basis. My sense is that you might best bring a claim "pro se" (that is, without a lawyer), which really can be done if you are willing to put in the time to learn how to do it. Many courts have a "pro se" office that will help with filing formalities.
FYI, your message is dated July 7th but was not posted for replies until today, Sept. 7th.
Best wishes,
LDWG
Re: Should I pursue small claims court or civil litigation?
In California and various other states, the small claims procedure covers $5,000 but here it's only $2,000. The answer is clear; file in District Court. Use an attorney. It sounds like there is a decent chance of collection but there are a few more questions I'd ask before I would take the case myself. Please call me directly and I'll go over the questions (and answer any of yours). My number is (617)527-0050. Also plan to e-mail me the replies you got to the e-mails you sent plus any other evidence of how $10.786 was accrused: how much was interest and how much was original purchases, what charge slips you may have with his signatures on them, etc. What responses have you been getting from him lately when you wanted to get paid? Does he deny the charges are his or that you've totalled it correctly? Feel free to send me a spreadsheet by e-mail, too, or fax me a listing (fax 527-1763).
Re: Should I pursue small claims court or civil litigation?
His e-mail responses aren't "consent" but they are impliedly agreement on the facts. It's very good stuff but DON'T SHOW YOUR HAND. That is, if you're calling him, don't tell him what evidence you have against him, at least not prematurely. A lawyer will know when to show the hand and when to hold the cards.
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