Legal Question in Civil Litigation in Massachusetts
Person denies to pay back money he owes. Can i sue him?
I lent $4000 to someone in good faith. After two months when the money was not returned i asked person to sign a document which said he will return the money. The person now denies to return the money. Can i sue him based on the document i had him sign. The document does not have any witnesses signature and it was signed two months after the money was given to him. In Massachusetts minimum amount for small claims is $2000. Is it worth taking this person to court as i can't take him to small claims court. Will it cost me more than $500?
2 Answers from Attorneys
Re: Person denies to pay back money he owes. Can i sue him?
You have the option of filing in small claims court for $2,000 or retaining an attorney to pursue the full $4,000 in the hope it will not cost more than the $2,000 you would have to waive to file in small claims. But it likely will cost more than $500 unless an attorney's letter without suit would get payment.
Re: Person denies to pay back money he owes. Can i sue him?
Considering that the small claims limit is $2,000.00 anyway, you may want to engage an attorney to attempt to recover as much of the full amount, plus interest and attorneys fees, as allowed by the agreement.
If you were to simply file the claim on your own in the District Court, the actual costs of filing and other costs could certainly be kept under $500.00. Other things to consider are the detriment to your relationship that litigation might cause, and the other party's ability to come up with any funds even if you were to win in court.
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