Legal Question in Civil Litigation in Michigan
Small claims court- reg. money friend loaned me now sueing for money back
I know nothing about small claims court. I borrowed about 1500.00 from a friend for a few different things. He now wants the money back because he had a crush on me and found out I had a sexual relationship with his roomate and not him. I never said I wouldn't pay the money back but he never set a time limit on it, and he wouldn't return my hone calls or respond by e-mail so I could start to pay him back. He is upset about the sex thing with the roomate and has e-mailed me sexual in u endos ??? that make me feel uncomfortable to talk to him anymore. we are no longer friends because of this. what should I do? My court date is the end of October.
what can I take to court? what is admissable and what is not?
1 Answer from Attorneys
Re: Small claims court- reg. money friend loaned me now sueing for money back
If the "loan" was not in writing and cannot be shown by any writing (or by your admission) he may be out of luck.
If there was no writing (ie: no contract, no letters from you admitting the "loan" etc) you could argue it was a GIFT!!
Without any terms as to repayment, the court may infer a reasonable repayment schedule.
However, the court will simply give him a judgment and allow him to proceed to collections which is difficult.
Sanford A. Schulman 1-800-529-7747