Legal Question in Credit and Debt Law in New York

sueing for money owed

I have a I.O.U. signed from my ex-boyfriend and he will not pay me 6,000.00 what court do i file in?


Asked on 1/16/07, 5:19 pm

2 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

Re: sueing for money owed

You could sue in Small Claims Court up to $5000. Or you could sue in Civil Court for up to $25,000. It might be easier to sue in Small Claims court without an attorney and your case will go to trial much more quickly. Best of luck!

"Neither a borrower nor a lender be" - Benjamin Franklin

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Answered on 1/16/07, 9:58 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: sueing for money owed

The answer depends on where you live. If you live in New York City, you could sue in Small Claims court but you'd lose $1000 because your claim must be $5000 or less. Regular Civil Court (day court) will let you sue for the entire amount but will cost a little more and require additional steps most non-attorneys find confusing. Also, you don't mention what the IOU says, when it was written and alot of other things that might affect your rights. You may contact me by email or phone so we can discuss the details. The most important thing is what happens after you sue (assuming you win and get a judgment). The court does not make your boyfriend pay, it just gives you a piece of paper that says he owes it to you. The piece of paper is the judgment and it gives you certain rights you currently don't have...the trick is enforcing the judgment so that you get your boyfriend's assets (money). Does he work? Does he have a bank account? Without a source of funds you will be left with just the piece of paper...WHen should he have paid the loan back? Did he pay any of it at all?

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Answered on 1/17/07, 3:13 am


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