I lent friend of mine 11000$ back in June of 2009 so that he could purchase a car. He told me that he would pay me back in full by Labour Day of that same year. There were a few bumps along the way and about a 18 months after Labour day 2009, I started to get the feeling that he was lying to me and was looking for excuses not to pay. Can I still take this to small claims court?

Depends on where you are if it is within the Small Claims Court limits and if the Statute of Limitations has expired. Also do you have any proof of the loan.

Yes I have a receipt from the bank showing the bank draft with his name on it.

When we ask for more info it helps if you provide all that we asked for. So it sounds like you have proof you gave him a bank draft for $11k. But what proof do you have it was a loan?

From the way you spell the word "labour", I would guess that you are in Canada. If so, we probably would need to know your province to determine whether $11,000 would be within the jurisdictional limits of small claims court. In any event, it would not hurt to inquire of a few attorneys to find one who would be interested in taking your case.

And you also should be aware that getting a judgment is frequently the easy part. If you do obtain a judgment, you may find that collecting it is much more difficult than obtaining it.

My proof is that my fiancée was with me when he asked for the loan. His parents also know that he asked me for money so he could buy a car and pay me back in 3 months. I confronted them about the situation and they said they would talk to him about it. He wasn't happy that I went to his parents because he was hiding it from them. They thought he bought the car with his own money. Why would I give someone money for a car( a BMW) and not use the money for a new car for myself? Of course it was a loan and everyone knows it.

He could claim it was a gift. Or that you were paying him back money he owed you. There could be other reasons for giving him the money.

I think you mean paying him back money that I owed him; not paying him back money that he owed me. Well he doesn't have any proof that I owed him money because that never happened. How on earth would that fly?

And why on earth would I buy someone a gift of that magnitude and then ask for the money back?

You aren't understanding me. You are thinking logically and I totally agree with your logic. But this is a law forum and I'm trying to explain to you what MIGHT happen. The law requires direct proof, not extrapolated logic. I'm not saying it will go against you, just that it could. What you should have done was have him sign a promissory note, even better, using the car as collateral. This would make it a slam dunk and enable you to take possession of the car.

Without that all you have is evidence that you gave him money, with testimony as to what it was for. Again, this may be enough and probably should. But its not a slam dunk. If you went into court and said "why on earth would I buy someone a gift of that magnitude and then ask for the money bakc" there could be several answers.

And we asked you a couple of times for your location so we can determine whether the Statute of Limitations has expired or whether you exceed Small Claims limits.

Finally, Yes I did mix up pronouns. Sorry about that.

I live in Toronto, Ontario, Canada