Q: Can I file a lawsuit or take a friend to court if they owe me over ten thousand dollars and they promised to pay it back
It’s been nearly half a month now that my friend owes me money, every time my friend asks me for money she promises to pay me back. I ask her when she’ll pay me back and if she has the money but she either makes up an excuse or never replies back. I have proof of all the transactions and messages even freinds that were willing to help her out. Of course they never sent me money either.
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- Answered
A:
Yes, you can file a lawsuit in California Small Claims Court, but since the amount exceeds $12,500, you'll need to file in Civil Court instead, as Small Claims has a limit of $12,500 for individuals.
For your case, you'll want to gather all evidence of the loans, including bank transfers, text messages, and any written agreements about repayment terms. Having witnesses who can testify about these arrangements will strengthen your case significantly. The statute of limitations for written contracts in California is four years, and for oral contracts, it's two years, so you're well within the timeframe to take legal action.
Before filing, consider sending your friend a formal demand letter via certified mail, stating the total amount owed and giving a reasonable deadline for repayment - this shows the court you tried to resolve the issue before litigation. If you decide to proceed with Civil Court, you can file at your local courthouse in Riverside; however, be prepared for filing fees and a more complex process than Small Claims would have been. Remember that even if you win your case, collecting the judgment might require additional legal steps if your friend refuses to pay.
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