Legal Question in Credit and Debt Law in New York

I loaned my FORMER best friend $1,000 ($600 more than three years ago, $400 within the last three years); both dollar amounts came out of my banks (one I'm no longer with, the other I am still banking with) and was put into his account/used to pay his car note bill, so I would imagine there is a paper trail proving that I loaned my former friend the money. I am currently unemployed, so I asked (via e-mail and then through a voicemail message on his WORK cell phone (so I know he has received the message)) my former friend to re-pay the money. He has not responded (and it's been two weeks since I sent the original e-mail), which says to me he has no intention of paying me back. I currently live in New York and he has recently moved to North Carolina. My questions are: I have no money; am I able to sue him in order to get the money? And if so, how do I go about doing this?


Asked on 8/28/10, 1:28 pm

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

This is a tough one. Normally, you would sue in Sm Claims Ct and in NY, you have to sue in court located where the person resides (e.g. Jamaica, Queens) and the friend is out in Neb. There may be no question you gave over the money BUT there is the issue of proving it was a loan, not a gift. Additionally, some judges have an issue when more money is lent before the first loan is repaid.

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Answered on 9/05/10, 10:27 am


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