Madison Heights, MI asked in Family Law, Civil Litigation and Small Claims for Michigan

Q: I lent a man I was seeing last year money totaling around $3200 and do not know how to go about getting my money back.

It was 3 increments of money I don’t have specific proof of. Vague texts and the proof of withdrawal from my account but nothing showing it went to him

2 Lawyer Answers
Michael Zamzow
PREMIUM
Michael Zamzow
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: You might consider talking to a lawyer about this directly, but do a little research first through a legal aid website, on how to file a small claims lawsuit. That might help you direct your questions if you find a lawyer willing to answer a few questions. You could certainly hire a lawyer to help you, but it might not be a reasonable risk-reward balance.

Brent T. Geers agrees with this answer

Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: A big problem, aside from what you point out (that the money actually went to him), is that you'll also need to show the money was a loan and not a gift.

As Attorney Zamzow points out, for this dollar amount, small claims (without an attorney) may be your best route as attorney fees will quickly eat up any possible award you get.

And as in any civil suit, you really need to consider whether this man is collectible. If you won, would you actually be able to legally collect any of the money? Does he have a job where his wages can be garnished, does he have a bank account, etc. Otherwise, you could find yourself more frustrated by winning a judgment but with nothing to show for it.

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