Legal Question in Civil Litigation in West Virginia

Money loaned-need to get back

Last year during a 4 month period I loaned a friend of mine 12,000.00. This was a verbal agreement and she agreed to pay me back. It has been a year and 4 months now and she has yet to pay me anything, and will not sign a promissory note or agree to make any kind of payments to me. Some of the money was cash and some were checks, which my bank should have a copy of. No receipts from her but I do have a witness that will verify that this was a loan, not a gift. The limit im my state in Magistrate Court is 5,000.00. Can I sue her in Magistrate Court and the rest in civil court, and what are my chances of getting my money back? She works at a minimum wage job. Thank you


Asked on 11/04/05, 12:45 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Money loaned-need to get back

You cannot split your cause of action. If you elect to sue in Magistrate Court, $5,000.00 is the limit that can be awarded. If you bring the action in Circuit Court, there is no limit as to the amount which can be recovered.

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Answered on 11/04/05, 7:40 am


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