Legal Question in Mediation in Rhode Island
Hello,
I am in a situation where my cousin owes me money which he is not paying on a consistent basis. In November 2009, I made the mistake of co-signing a Best Buy credit card for him. In April 2010, he asked me for help once more to help him fix his car. I paid for the repairs with my credit card. He was making the necessary monthly payments until he became temporary unemployed due to medical reasons. He did not tell me this until about a month later when I found out that his payments were failing to transfer. I felt that I had to pay off his balance for the Best Buy card and then cancel it to prevent any problems with my credit report and credit score. I tried to be compassionate about the situation. He has been back to work since September 2010, but it has been difficult to get him to pay me on a consistent level. I recently helped him to set up a monthly payment plan through his checking account where his bank would send me a check bi-weekly (when he gets paid from his employer) but when I went to cash the check it, I was told his account for overdrawn. I have pretty much accepted the fact that I might not get my money back but I was wondering what I could do legally to force him to pay me on a more consistent basis. I don't have no written statement that he borrowed this money or when he will pay it back, but he does not know that I am considering taking legal matters and I think that I can get him to sign a written statement stating that he owes me money, with the amount specified on the document, and maybe when he would need to pay me by. I have the car repair charge on my billing statement but I don't have the receipt. I also have all the Best Buy statements including the final payments that I made.
He owes me a total of about $5000. I live in the state of RI and the small claims limit is $2500. What would I need to do to submit paper work to sue him? I would need a lawyer I assume if it is outside of small claims. Could I charge him for the court fees and the lawyer fee also? Do I have a case and how difficult would it be to get my money back?
1 Answer from Attorneys
A written statement signed by him acknowledging the debt would be excellent. Better still, he would acknowledge that he promised to pay you back but then failed to do so.
Bottom line: yes, you have a case, and yes you could represent yourself, but I would not suggest doing so. Instead, find a decent lawyer who will take the case on a contingency basis, meaning the lawyer is only paid when/if he or she collects money for you. You would have to pay advanced costs (filing fee, service of process), but that's it.
For your information, LawyersCollaborative works with pre-screened lawyers in every field. If you call, I would be happy to discuss this matter with you further.
Best wishes,
Scott Summer, Staff General Counsel
LawyersCollaborative
www.lawyerscollaborative.com
401-467-7771
Note: The above information does not constitute legal advice. Unless a written Collaborative Representation Agreement has been signed, neither LawyersCollaborative nor any of its Staff General Counsel is your legal representative.
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