Suing someone that owes you money and yet refuses to pay is legal in all states. Some people claim that they “forget” to pay you up even after promising to do so for many months, or refuse directly and dare you to do whatever you can to get your money back. If the owed money comes between the maximum and minimum threshold, then you can take the help of the legal steps.
You can sue someone that owes you money and refuses to pay you back without the help of a lawyer. Dispute e-scrivery service will be your helping hand here. This is an online mailing and secretarial service that can provide you with all the help that is required when you plan to sue someone owes you money. You can check their website for all the information.
Small Claims Court and the Minimum Thresholds
Every state will have a minimum threshold when it comes to suing someone that hasn’t repaid your money. If the money owed comes within the minimum threshold as set by the law of your state, then you can take the legal step against the opposite party. Check with the legal laws of your state and proceed accordingly.
For instance, the state laws in some US states have set the minimum money threshold to $750, and the maximum threshold can reach $10,000.
Suing the person in your state’s Superior Court will allow you to recover the sum that exceeds the upper limit imposed by your state’s statute. The legal proceedings will become valid when the statute of issue recognition has not crossed more than 2 years.
Factors to Understand
When considering filing a lawsuit against someone for not returning your money, there are a few points to keep in mind. Below is a list of them.
- If you are unable to obtain a waiver in the case, you must pay the court costs.
If you lose the case, you will be required to cover the legal fees that the other party had to incur as a result of your legal actions because they did not pay the agreed-upon sum.
- You will be visiting the court continuously for more than a year while your suing proceedings go on, especially when you do not have a legal representative.
- You are required to collect the money even after you win the case of suing the person that owes you money.
Definition of Owing Money
Suing someone that owes you money does not mean that you file a complaint against the person that has taken a loan from you. It means that you have clear records either digital or physical stating that the person has taken a loan from you and has not returned the money as agreed.
The record that you have should clearly state many factors such as the last installment paid, and the number of installments due. While lending money, you should make clear that it is a loan and should be returned within the promised deadline or in the agreed installments.
The best way of planning to sue someone that owes you money and is not ready to pay you back is by keeping all the records and proofs stating that you have lent the money to the other person.