Q: Would I still have a case in small claims court?
So I had loaned an ex $400 to help him pay for rent. He has paid me back about $50, and stopped completely after a fight because I told him to forget about the money because I just wanted him out of my life (he has this on text). Recently, a few months after this happened, he came back asking for his stuff back, which I did. So I asked if he could pay me back then, because I figured it would only be fair. He refuses to pay me back, saying he doesn't trust what I will use it for, and that I had earlier said he doesn't need to. If I take this to court, would he need to pay me back still although he has that text of me saying a few months ago that he doesn't have to?
A: Since only a judge/magistrate can make a final determination, I cannot say with certainty what the result would be. If there is documented evidence that you forgave the loan, you generally cannot revive the loan. However, you could argue that the text was not a legally binding debt relief but was a figurative statement of frustration. It is your call about whether you want to sue or not. For all litigation prepare the best you can with documents (not TV-like speeches) and always be prepared to lose.
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