Legal Question in Credit and Debt Law in Texas
Recoupment of Personal Loan
I loaned a family member $600 in May 1992 that was promised to be returned within 2 weeks. I still have the Western Union transfer of funds receipt as proof of this loan. All attempts to recoup the loan has failed. Can I pursue this in a small claims court forum? If so, how? Is there a limitation statue on my claim? I'm in the military stationed in Florida now. If I do have legal claim and recourse for pursuing recoupment, can I request/receive damages for traveling incidentals (returning to Texas for court) and associated fees (court costs), in addition to the $600 owed to me?
1 Answer from Attorneys
Re: Recoupment of Personal Loan
You can pursue in small claims court and recover your court costs, fees and expenses associated with the case. Your travel expenses are not recoverable because they could not have been contemplated as part of the debt.