I'm being threatened with a law suit for a 2500 personal loan that a friend loaned me. I have worked off the loan by being her personal assistant and cleaning house, doing other odd jobs for her. Now she is saying my agreement was to pay 100 per month. So she is had her lawyer send me a letter. We never had a written agreement. I have kept track of my time. They lawyer is saying I have to pay the 2500 plus interest and attorneys fees. Can they sue for that when there was no agreement? Do they have to sue in small claims court? I'm not worried about small claims court as I have very good records and witnessness. But if they go to another court will I have to hire an attorney?

You can have a court appointed attorney if you choose, but usually people opt to hire one (their own choosing). Also, without an agreement, they can try sue you but it'll be harder to prove their side of the story or yours.

If you have proof of the work you did and that you were not otherwise compensated for it, then you can probably win. It doesn't matter what court is used, the court is the choice of the plaintiff, not you.

Court appointed attorney's aren't necessarily free and they are for criminal cases, this is a civil case. What is a Court-Appointed Attorney?

That's true, in small claims they don't court-appoint attorneys, I didn't think about that. XD

Even in civil court, ( non small claims) there are no attorneys appointed, you may try and get legal aid to help butr you are on your own if you can't afford one normally.

But they are free to sue you in small claims, but if they have an attorney most likely they will sue you in regular civil court ( names vary by area)
I would also hope that your hours were signed off or you have witnesses of this work. Remember you handing a sheet of paper saying I worked these hours, they merely say, no he did not. Your turn to prove you did.

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Originally Posted by sundownernv

I'm being threatened with a law suit for a 2500 personal loan that a friend loaned me. I have worked off the loan by being her personal assistant and cleaning house, doing other odd jobs for her. Now she is saying my agreement was to pay 100 per month. So she is had her lawyer send me a letter. We never had a written agreement. I have kept track of my time. They lawyer is saying I have to pay the 2500 plus interest and attorneys fees. Can they sue for that when there was no agreement? Do they have to sue in small claims court? I'm not worried about small claims court as I have very good records and witnessness. But if they go to another court will I have to hire an attorney?

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In many jurisdictions the dollar amount involved determines whether it's Small Claims, County. State, a superior Court. Is this within the Small Claims limit in your area?

As long as you have records and witnesses sounds like she's out of luck. Of course, the Judge can only believe one person so bring very good records, originals (not re-writes), don't make the case any more than it is. Sincerity always wins; drama does not.

I would think - as I said - in most jurisdictions if this is within the Small Claims limit and she tries to take it to another Court it will be kicked back down when the Court Clerk reviews it. That is how it works in my area.

If I have one complaint with Small Claims Court it is that occasionally a Judge will try to make everybody a little bit happy - no one wins it all; no one loses it all. Sort of like a Judicial Popularity Contest.

And, no, you don't need an Attorney for Small Claims and so I am not aware of any jurisdictions where one will be appointed. I also doubt one would be appointed in a superior Court for this small amount of money; anyway, I don't think you'll end up in other than Small Claims.

Let us know how this works out - ?