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What legal action can I take against a person who owes me money?
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What legal action can I take against a person who owes me money?

I live in Las Vegas and I have a friend from California that I lent $3000 to help him pay off his debt and to start over by moving in with me here in Vegas. He verbally agreed to pay me back $500 a month. It has been 5 months and he's only paid $300 and he continues to push back payments. He has since moved back to California so the money I lent him to help him start over was pointless. Now he's back in California, with my money, and is holding on to it as long as he can. The only proof I have are the online transfers of $3000 that I made to their account with my bank. But there is no written contract on what it was for and if it had to be paid back, and at what rate. There is only record of the transaction and loads of text messages full of vulgar language. Is that enough to take any legal action to force them in paying me back? What legal action can I take? Will it be an issue that I live in Vegas and he lives in California? Thanks for your help. If I were to take him to small claims court, would the judge force him to pay up front or still pay, but whenever he's ready? Cause it seems like if he's given more time to pay anyway, then I'd still be left in the same position. The guy doesn't even have the money either. What happens if he can't pay? Could he go to jail?







Gary C
Rating
The first poster is correct. Small Claims Court is the appropriate venue. However, as you've probably discerned it will be very difficult to prove that you had any agreement given that the only written proof is the transactions. And transactions by themselves only prove that money was transferred from one account to another. Not that any agreement was agreed to. Unfortunately the power of SCC is limited. First they don't issue bench warrants. So if Mr. California doesn't show up at the hearing (and you will want to file it in LV to make it easy for you) then SCC isn't going to issue a warrant for his arrest. Secondly, SCC does not enforce judgments. So even if you got a favorable ruling you'd be on your own on how to collect from Mr. California. I wish you luck.


Jenna
Rating
Take him to small claims court. The online transfers should be enough proof.







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