Legal Question in Civil Litigation in Virginia
repaying of a personal loan
I loaned a friend $3500.00 so that he could obtain a lawyer and pay fines and court costs for a DUI. There was no promissory note. I trusted him. We are no longer friends and he has no intention of repaying me. I do have canceled checks and I used my visa card for his fines and court cost. Is it a waste of time and money to obtain a lawyer and try to recover my money? Thank you very much.
1 Answer from Attorneys
Re: repaying of a personal loan
No, I would in no way characterize honest efforts to recover funds loaned in good faith---in particular to someone whom the loaner apparently regarded as a friend(and who obviously took advantage of that friendship)--as
a waste of time and money.
Before filing suit(whether in small claims or general district court), however, I would stongly suggest that at the very least you engage the services of an attorney for a couple of hours of his or her time in order to advise you as to how you should best prepare and present your case in court.
The jurisdictional limit for recovery in small claims court in Virginia is $2000. To recover more than that amount, you must file your suit in regular general district court which is really a legal forum for attorneys rather than laypersons such as yourself.
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