[Netrea]

Ok, so my guy and I had a problem a week before he asked me to loan him the money for his cell phone straight talk phone card. We talked about the issue and I thought we solved the issue. He asked me to get him a straight talk phone card for $45 and with taxes, it came to $48.60. I've asked him for my money while we were together and since we have broken up. He sent me a text as well as verbally talking to him about my money. He said that I would get my money. I do have the text, the card, and my receipt for the card I bought for him. Is it possible to go to small claims court for $50?

[morgaine300]

Yes, it's possible. Small claims has limits on the upper end. I've never heard of a limit on the lower end.

Keep in mind that you can FILE a claim if you like. That's not the same thing as winning - no one can predict that. Assuming you have nothing in writing that the money is owed, then it's a matter of who they believe. Most people have a funny way of finding it difficult to lie to the courts, so he may simply own up to it.

HOWEVER, it may cost you to file the claim to begin with, possibly making it not even worth it. Also, winning a case does not mean you'll collect. It just means you now have a judgment. The courts don't actually collect for you. However, they might do other things to help. Like I won a judgment once and the person didn't pay. So I wrote the arbitrator in the case, who then simply sent a notice to the defendant that she was bound by the judgment to pay. It basically just scared her into paying.

But you also have to consider whether he's even got the money, or a job to pay for it.

The mere threat of taking it to court might spook him into paying. I wouldn't find it worth the time & trouble for $50, but it's not for me to judge how badly you need the money. (Or maybe you want to do it on principle.) Just a threat may do the trick and I think I'd try that first. Better make sure he knows you're serious though cause I'd have a hard time believing someone would take me to court over $50.