Would I win a court case if I took my ex boyfriend to small claims court? We lived together for a year and a half and ended our relationship two days after Christmas 2005. A month or so after I moved out of his house, he later asked me if I would help him purchase a laptop computer. I agreed because I thought we would get back together and because he promised to pay me back at the end of the month. So, we went to Best Buy, I purchased it using my debit card and It's now November 2006 and he still hasn't paid me in full. I've emailed, called and have texted him. He has paid me half but not all. I keep telling him that I can't wait another six months for him to pay me back. If I take him to court and ask for the laptop back, would I get it and get to keep the money he's paid me up until now? I do have an email from him that has him confirming his balance owed to me. So, I believe that's proof enough to show that the laptop was NOT a gift.

I'm just curious. I think taking him to court would be more of a headache than it's worth.

Hello shy girl:

I think you should sue him. Small claims court is cheap, quick and easy. With your emails, you should win.

excon

Sue him, as long as you have proof it was a loan and the fact he was paying on it is proof he knew he owed you money. You can get what he owes you but forget the laptop. That's his. Call judge Judy so she can give him a tongue lashing on national TV.

You didn't say (and I doubt that you did), but did you have him sign a note ? Or do you have anything in writing from him that he agrees to pay you back ? If not, I think your chances are slim? But heck, what could you lose except your filing fee of about $25. - $50. And a chance to get your friend back in you ever wanted that.

Thanks guys! I will admit that it is a bit scary to do, but I'm going to have to do it if he again fails to pay me by the end of the month. Will it make a difference that I live in the state of Washington and he lives in California?

Hello again, shy girl:

Yes, it makes a big difference. If the loan happened in California, and that's where he lives, you'll need to sue him there.

That's why the idea of Judge Judy is not a bad one. They pay both sides to appear, and the judgment is deducted from the loser, so you are assured of getting paid. Plus, it happens fast. If Judge Judy is too course, try Judge Millian on the People's Court. She's very gentle.

excon

Do I personally have to go to file the papers in CA or can my best friend file on my behalf so that I don't have to go down there?

Hello again, shy girl:

Yeah, shy girl - national TV. I don't know what I was thinking. Musta been smoking crak.

For sure, you're going to have to be there for the hearing (which could be postponed - more than once even). Plus, it's my opinion that you'll have to file in person, too.

But, you might not. Affidavits have to be filled out and sworn to, etc. However, unless there is a requirement otherwise, there is no legal reason why that can't be done from Seattle. Call 'em up. I'm sure they'll be friendly.

excon

You can sue him. You will probably win. And then what? Winning a judgement is only half the battle. You then have to collect. You want the laptop back, you say? Then you will need to pay a marshal or sheriff to repo the laptop. You just want the balance owed? You will need to find assets of his to attach; bank accounts, salary, etc. once YOU find the assets you have to serve a garnishment on the institution holding those assets.

Now, as to where to file, I would go to the small claims court near you and ask them. I would guess you would need to file where the laptop was purchased. Not where either party currently lives.

Thanks guys! I truly appreciate all of your advice.

*hugs*

"Scottgem" had the best words of wisdom.. . You won! Now try and collect. Not worth the fight unless you enjoy it otherwise it will ad stress to your life and one thing we don't need is stress. KARMA will get him.

I think the level of stress is relative until you undertake this task of.
Suing
Appearing in court.
Winning the judgement (maybe).
And trying to collect. Most likley hiring an outside firm and collecting pennies on the judgement.

THAT IS STRESS.. . But Heh All is Relative

It would be so much fun to nail someone who did me wrong that the stress would be worth it.

Tell me that when it is all over.. . Provided it ever is.

Signed "been there done that"
P.S. I envy the rage and in the words of a great man "i pity the fool"