Can a person take me to small claims court even after I have agreed to pay a loan back. Its been two months since the loan and they are telling me they are taking me to small claims court for $225 that I have agreed to pay in two installments one this Friday and the other next Friday, they said that doesn't work for them and they are taking me to court for the $225, missed work, gas, tolls and lawyer fees. Can they do this and will they win?

You say that you "have agreed to pay in two installments," but I gather that they haven't agreed to this proposal, so there is no agreement, right? Can they sue you? Sure. Will they win? Depends on the nature of the contarct you have for this loan. Is there a written contract and what does it say about terms of repayment? If no written contract - what verbal agreement did you have when you borrowed the money 2 months ago? Did you have an understanding that repayment wouldn't be for two months? I so, then they won't win.

Also as a practical matter if they did sue it would take some time for the case to be scheduled. So assuming that you repay the loan as you promised by next Friday all of this will be moot long before the small claims trial date comes up..

There was no written agreement just that it would be paid back when I received a settlement I 'm waiting for from my fathers death which I have not received. She is telling me that along with my lawyers information she also need my settlement information which I feel she has no right to after I agreed to pay her. She is also telling me that she will seek lost wages,gas,toll and lawyer cost which is supposed to be more then $12,000. Can she get all of this not to mention she is saying that her lawyer are going to bring child services in this because the money was for clothes that I put on layaway. I have no funds for a lawyer and Iu think this is getting a bit out of control I feel as through I'm being bullied like I sad I have agreed to pay yet she keeps on with these threats.

If she takes you to small claims, she will only get what is first owed her. Calm down and think this through. No she doesn't have any right to your personal information. And by the way, judge in small claims court pays attention to both sides of the situation.

What has layaway for child's clothes have to do with Child Services? Nothing.

She sounds like a nut case quite frankly.

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Originally Posted by tickle

She sounds like a nut case quite frankly.

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Yes, especially if she claims to have spent $12000 on lawyers, gas etc because of a $225 loan she made to you. What am I missing here?

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Originally Posted by ebaines

Yes, especially if she claims to have spent $12000 on lawyers, gas etc because of a $225 loan she made to you. What am I missing here?

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No her words were after she claims lost wages, gas, lawyer cost we will be why placed small cliams court and her in pa the most a person can sue for is $12.000 not sure how she came up with that but her uncle is a supposive well known lawyer and he charges 1k/hr.. so I guess I should have just asked if she can sue for all that and can it go from $225 to well over that?

The most she can sue for is the $225 that you owe her. But like I said - pay her back next week and she has no grounds for a lawsuit.

I looked up small claims in PA. It has to be under $8000 and you represent yourself. Judge may not take kindly to her using a high priced lawyer (and that is probably hogwash anyway), only because it draws his court day on and on. It's too bad you don't have recordings of her threats to throw into the mix. I wish I could be a fly on the wall!

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Originally Posted by ebaines

The most she can sue for is the $225 that you owe her. But like I said - pay her back next week and she has no grounds for a lawsuit.

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Yes I totally agree. Then no more contact with her.

First, how did this loan come about? Did you sign a contract or a note? Second, what was the loan for and did you pay anything towards it? Third does she have proof you agreed to pay?

If you acknowledged the debt, then she can successfully sue you as long as she can prove you owe the debt and haven't paid it.

She can't sue you for anything more then what you owe and what it cost her to collect. That means she can sue for attorney fees and other expenses. But no way does that balloon $225 to $12000. As noted small claims limit is $8K.