Q: We are in a small claims case where the plaintiff claims we owe him money for interest on not paying back fast enough.
The defendent borrowed money verbally (in-person) from a friend with no set date to pay the money back nor any agreement on paying interest if not paid back fast enough. The plaintiff is now angry that we did not pay back fast enough and is claiming we owe interest and is taking us to small claims court. 1. Can we see what "evidence" plaintiff has before our case? 2. Can we countersue for lost wages since a day of work will be missed for court? 3. There may have been discussion surrounding the money over a texting platform called telegram, however, the texts have since all been deleted and you can't screenshot the texts either, the app prevents that. Nor can you print them off. There is nothing in writing about this money borrowed. 4. We have proof of payments through Zelle, however, the plaintiff is claiming additional money as interest out of spite. Does plaintiff have a case? Advice to help defendant win?
A:
In small claims, the discovery rules differ. By their nature, small claims court is just the real-life version of what you may see on those daytime courtroom TV shows: the parties show up and plead their case right then and there. In more formal proceedings, there would be pretrial discovery, motions, briefs, etc. So,
1) if the plaintiff is suing on a contract, they have the burden to establish the existence of a contract and its terms. Not sure how they intend to do that without a writing at least as to the interest to be paid. But I would not expect to see this evidence before the hearing unfortunately.
2) no, you can't sue for lost wages for appearing in court. There is a court rule and procedure to receive costs, but it doesn't wholly apply to small claim matters.
3) you as the defendant don't have to prove anything. Those text messages would certainly be helpful to the plaintiff to establish some sort of agreement, but it's their burden to produce.
4) bring your proof of payment to the hearing. But understand that providing that concedes that there was some sort of contract. That said, plaintiff could still lose as those payments, likely, don't establish the total amount owed or interest rate to be paid.
It's impossible to tell at this juncture whether plaintiff has a case. Obviously they think so hence why they filed. But a lot of people file losing cases. The best advice for you is to show up in court prepared to answer the allegations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
