Legal Question in Credit and Debt Law in Pennsylvania
i lent 400 dollars to my friend. she hasnt paid me back or even atempting to try to. i have txt messages to and from her talking about doing and after doing it. do i have a case? if so what type of court syster should i go to?
1 Answer from Attorneys
This is a civil matter, not criminal. And the amount is within the jurisdiction of magistrates' court.
You have a difficult burden. Do you have anything in writing OTHER than the text messages to prove that she owes the debt? Have you ever sent her a written demand for the funds? When did you make the initial loan to her and when was the money to be repaid?
What I would do, depending on the answers to the above questions, would be to send her a certified letter. Keep a copy for you. In the letter, remind her that you lent her the money, that she promised to repay as per her text messages and that the money is now overdue. Tell her, without threatening, that if she does not repay you then you will have no choice but to seek further legal action against her. Give her 30 days to either enter into a payment arrangement (get her to sign a promissory note) or to repay the debt in full.
If she does nothing, then find out what county she resides in and commence a case before the district magistrate. Bring your letter that you sent her and bring your cell phone so that the judge can read the text messages which I hope that you saved. If not, do the best you can and I hope that you get a judgment.