[prshorty48]

I have a civil sue against me by my ex boyfriends sister on money she loaned me and I paid her back in cash she is claiming I didn't pay her back I never signed any agreements but there were text messages between both she loaned me the money and when I started paying her back then when I paid the complete money in cash she would always meet up with me to get the money and now that her brother my ex is in court with me cause he owes 5000 in childsupport she filed a civil sue stating she loaned me money and I never paid her back. Is that enough for her to sue me?

[JudyKayTee]

I don't know what you mean by "enough." You can pretty much sue anyone for anything - it's winning (proving your case) and collecting that's difficult.

She is going to argue an unpaid loan and bring whatever proof she has to Court. You will argue that you paid it and bring your proof.

The Judge will hear both sides and decide which one of you he believes.

[joypulv]

Bring the phone and print-outs of whatever is on the phone too. Find someone with a printer if you don't have one.
Bring copies of the court papers regarding you and your ex too.
Repaying is cash is always a mistake, so you need ALL the PROOF you can find.
Say-so and even witnesses aren't going to cut it.
She needs to prove that the loan was a loan, but because she isn't a relative or ex-lover, they will be more likely to believe her.

How much did you borrow and when, and when was your last payment?

[prshorty48]

Bring the phone and print-outs of whatever is on the phone too. Find someone with a printer if you don't have one.
Bring copies of the court papers regarding you and your ex too.
Repaying is cash is always a mistake, so you need ALL the PROOF you can find.
Say-so and even witnesses aren't going to cut it.
She needs to prove that the loan was a loan, but because she isn't a relative or ex-lover, they will be more likely to believe her.

How much did you borrow and when, and when was your last payment?

When she loaned me the money it was in cash and I paid her back in cash I don't know what she is going to use as her proof I have text messages that she was going to loan me the money and me responding that I left the first half with her father in a sealed envelope as she requested after that for the other half I paid off there is no text messages cause she meet up with me to pick up the money everything was in cash she loaned me 750 first payment was on may 1st for 280 and the remaining was on may 8th I never expected her to do something like this cause I never had problems with her.

[ScottGem]

Sounds like there is ample proof that she loaned you the money, but no proof that you paid her back. You should ALWAYS get a receipt when paying by cash.

Unless you can convince a judge that you paid her pack, you will lose.

[prshorty48]

Sounds like there is ample proof that she loaned you the money, but no proof that you paid her back. You should ALWAYS get a receipt when paying by cash.

Unless you can convince a judge that you paid her pack, you will lose.

On my text messages its states when I left her the first part of the payment but not the second part.

[JudyKayTee]

Then it will be just as I said - she will bring her proof (including text messages), you will bring yours, the Judge will believe one of you.

[prshorty48]

then it will be just as I said - she will bring her proof (including text messages), you will bring yours, the Judge will believe one of you.

I do have a police report of harassment when she came to serve me papers and made a scene at my job regarding her brothers situation and a letter signed by coworkers that were witnesses.

[prshorty48]

then it will be just as I said - she will bring her proof (including text messages), you will bring yours, the Judge will believe one of you.

The incident was a week before she filed the civil suet.

[joypulv]

Bring everything. Have it in order with tabs so you can find it quickly. Memorize it if you have to.
Small claims goes quickly.
Judges don't wait for much.
They have a lot of leeway to make judgments, and sometimes do so based a lot on how organized you are, how direct you are with responses, and how respectful you are. Don't interrupt or raise your hand or make noises or shake your head. Don't talk to ANYONE but the judge. Don't even look at the other person.

[JudyKayTee]

I'll try one last time - you bring your evidence about the loan, she brings her evidence about the loan, the Judge believes one or the other of you. Things get heated and you are both asked to leave the Court and the case is over.

I trust in Court you will stick to the facts and not on informatiion as you have done here - present all your info and PROOF at one time, calmly, and to the point.

If you are being sued in retribution or not being sued in retribution - it's going to be about whether you borrowed, paid back and/or owe money.

[joypulv]

JudyKayTee is absolutely right, and I'm sorry I clouded her main point.

[JudyKayTee]

You didn't, Joy - not at all. Your posts were right on target.

Nothing you posted was unnecessary.