Legal Question in Credit and Debt Law in Virginia
Is it even worth taking to small claims court?
I lent my ex-girlfriend $500 while we were still going out. I did not get a contract, but in the Memo section of the check I had given her, I wrote Personal Loan, which she deposited. I was living in New York when I sent her the check (I still do) via Fedex to Virginia where she was living (still is). I heard I've had to go down to Virginia to file in her county's small claims court. The travel costs and losing a days pay will far outway $500 she owes me. I also think she will be leaving the country within the next 2 months. Is there anything I can do to get my $500 back without incurring more costs than the actual owed amount? Thanks.
2 Answers from Attorneys
Re: Is it even worth taking to small claims court?
Amendment to prior answer: I apologize for misreading your question and thinking that you were the defendant rather than the plaintiff.
If you're the person intending to sue, i.e., the plaintiff, the remedy I suggested in my prior answer would not work.
I'm certain that you must appear in person on the day your case is scheduled for trial(the return date). Whether the court will allow you to complete and send from New York the paperwork in order to file the case is a question for the clerk of the small claims court.
Re: Is it even worth taking to small claims court?
You can call the clerk's office responsible for small claims court, explain your situation and see whether the court will accept in lieu of your personal appearance your notarized statement of what happened along with a copy(both sides) of your $500 check endorsed by your ex-girlfriend.
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