what type of lawyer do i need if someone owes me money

You need a good civil litigation, general practice attorney or debt collection attorney. This individual, from what you have described is likely to file for Bankruptcy and you will then get zilch.

Full Answer

Can I sue someone who owes me money?

Jan 09, 2011 · Nathan Carr. You need a commercial or civil litigation attorney. A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit. Also a civil or commercial litigation attorney would be able to advise you …

What should I do if someone owes me money?

Aug 18, 2018 · Posted on Aug 18, 2018. If you choose to hire an attorney, you need a general litigation attorney. The question is do you have any proof of contract? If the other party paid in cash and there were no witnesses - then what proof do you have? The burden of proof is on the moving party - you. This answer is provided for general information purpose only.

What kind of attorney do I need to sue someone?

Dec 04, 2012 · What type of lawyer do I need in order to sue someone who owes me money? The person owes me around $4500. I agreed to get a cell line for them on my account because they didn't have the credit to do so, and they racked up the bill after I told them their bill was $200.

How do I choose a lawyer?

Jul 13, 2021 · While you can usually bring an attorney to some small claims court, many people choose to represent themselves to save money. Some states don't allow you to have an attorney at all. Note: If the money owed is due to rent, housing, or pending eviction, you should know those laws in your state.

What can you do if someone won't pay you back?

What to Do When Someone Doesn't Pay You BackGive gentle reminders. People are busy, and sometimes they forget about the money they owe. ... Renegotiate payment terms. ... Have them pay you with something else. ... Get collateral. ... Offer to help with financial planning. ... Ask to use their credit card.Mar 24, 2021

What proof do you need that someone owes you money?

Typically, it is a good idea to create a contract for money loaned, money owed, or any personal property you lend. Other ways to show evidence can include emails, texts, money transfer receipts, bank account transfer history, etc.Jul 13, 2021

How do you get someone to pay you back without going to court?

What to Do When a Friend Owes You MoneyHave them step into your shoes- using empathy as a way of getting paid back.Offering a payment plan.Brainstorm together other creative ways to get paid back.Think about going to mediation.Making the tough decision to sue them in small claims court for the money owed to you.Apr 7, 2021

What can I do if someone owes me money and refuses to pay?

Taking someone to small claims court. Does someone owe you money but won't pay up? You can take them to a small claims court to regain your cash (and your temper).Sep 29, 2015

Lawrence Michael Centanni

This matter would be brought in the Special Civil Part Section of the Law Division of the County Court where the debtor resides. The said attorney would provide several collection causes of actions. Please also remember the attorney will request a retainer amount to file a Complaint, go to Court, resolve it or have it tried.

Jeffrey Anthony Skiendziul

This type of debt would be brought in the Special Civil Part because of the amount being sued. The courts have do it yourself forms you can fill out on your own. As far as whether you have a case, you need to speak to a lawyer who handles small claims cases to determine whether you have a case.

Money Threshold for Small Claims Court

Check your state's small claims case money limit first before considering legal action. You can search for the terms " [your state] money owe small claims court" or " [your state] money claims conciliation court." Look for a .gov website with an answer, or call a small claims court attorney with questions.

Small Claims Judgment 101

Small claims court exists to give two or more parties a place to state their side of the story. However, you should carefully consider if suing someone is the right course of action.

Owing Money: Legal Definition

There are some guidelines you need to follow to sue someone for owed money. You obviously can't gift someone money and one day decide you want it back. You also can't loan someone money but never tell them you expect to be paid back.

Suing Someone for Loans or Debts 101

To show your case in the best possible light, it is a good idea to try other methods of debt collection first. Be sure to ask for the money — preferably in writing — so there is a record of your attempts. This is called a " demand letter ."

Step 1: Filing Your Complaint and Paying Filing Fees

First, check the thresholds for the amount of money you are requesting and the correct court to file in. If the amount is too small or too large, you won't be able to file in small claims court.

Step 2: Serving the Lawsuit and Court Dates

The fee you paid may go toward a court official " serving " the case. This means they will find the person who owes money (the "defendant") and give them official notice that they are being sued by you (the "litigant"). You might also be able to serve the defendant yourself through certified mail.

Step 3: Attend Court Hearing

Be on time for your court date. You can expect the court hearing to be quick — typically around 15 minutes total. If you are nervous about what goes on during a hearing, you can sit in on small claims court cases in advance.

How to just say NO

Before saying no to your friend or relative, take some time, say a day or two before replying to their request. If the loan isn’t extremely urgent (e.g. a hospital emergency), it might give the borrower time to find other funding sources.

The best way to lend someone money

When you loan money to a friend, it’s important to understand that although it may help them in the short term, you are essentially providing them with a quick fix solution to what may be a long term problem.

How to collect a debt

When you have lent a friend or relative money and they are not paying you back, you’re most likely going to have to rely upon your negotiation skills to try and recover the debt. This can be tedious and depending on the nature of the relationship, can either bring you closer or can create serious tension between you.

Tips on getting your money back

Don’t fret, there are ways to deal with a friend or family member when collecting your debt!

How to prove a loan?

Preparing your case involves gathering all documentary evidence to prove that: 1 You worked or delivered the products/services that the debtor in question ordered; or 2 You loaned someone a given amount of money under the pretext that they were supposed to pay you back within a specific period 3 The customer or person in question didn’t pay you what they owe

What is the alternative to small claims court?

Alternative to Small Claims Court: Mediation. In mediation, the settlement process is run by a mediator who brings both parties to the table to clear up the dispute and reach an amicable resolution. While the process is voluntary, the court can also mandate it.

What does success in small claims court mean?

Success in small claims court doesn’t equate to getting a favorable judgment. It means being able to collect the money that the debtor owes. It’s not automatic that the debtor will pay.

How long does a small claims court case last?

Small claims court cases usually last on average 10 to 15 minutes. Tell your story and answer any questions the judge asks. With proper documentation, the ruling will usually be in your favor unless there’s some compelling reason why the debtor shouldn’t have to pay you what they owe.

Is small claims easy?

While the small claims process is an easy one, it doesn’t mean that you shouldn’t prepare carefully. The process is designed to be easy for anyone, especially if you want to avoid paying attorney fees.

Is mediation a binding agreement?

They then try to find points of agreement that are favorable to both parties. Mediation, however, is non-binding. So, it might not be the most effective way to get money from someone who’s refusing to pay.

Can you sue someone for gas?

So, if you loaned someone money for gas and they refuse to pay, that amount doesn’t meet the minimum threshold for filing a suit with the small claims court.

What to do if someone owes you money and won't pay it?

If someone owes you money and won't pay up, you might consider filing a lawsuit to have a judge order them to pay it. However, you should keep in mind that filing a lawsuit – even in small claims court – can be a lot more complicated than it might appear in daytime television shows such as People's Court. Beyond that, a court's order only gives you ...

What to do if you loan someone money?

If you loaned someone money, be prepared that he or she may try to claim that the money was a gift rather than a loan. Any proof you may have that it was in fact a loan will go a long way. For example, suppose you loaned a friend $1,000 to get repairs done on his car.

How much does it cost to file a small claims lawsuit?

This fee will vary depending on the court in which you file. If you file in small claims, the fee may be under $100, but you can expect to pay several hundred dollars to file a regular civil court lawsuit. If you can't afford to pay the filing fees, you may be able to fill out an application to have the fees waived.

What is a certificate of service?

The certificate of service tells the court how you intend to notify the defendant of the lawsuit.

What to do if someone refuses to pay you?

If someone owes you money but refuses to pay, you might have to file a lawsuit to have a judge order them to pay . Start by gathering your evidence, including written contracts, any proof of a loan, or receipts for initial payments on monies owed.

How long does it take to answer a complaint?

Typically the defendant has between 20 and 30 days to file his or her written answer.

Who is Jennifer Mueller?

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 111,169 times.

What can a lawyer advise on?

A lawyer can advise an individual what they may be entitled to in their state, as laws vary by state. Issues may include alimony and child support. Without a lawyer, an individual runs the risk of inadvertently waiving their rights to alimony, visitation with their children, or even custody of their children.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Can a guilty plea affect immigration status?

Some guilty pleas, even to misdemeanor charges, can have long-term consequences. A guilty plea can also affect immigration status or lead to deportation of a non-citizen. It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

Do I need a lawyer for a prenup?

In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer. In some states, it is required, unless expressly waived, that an individual is represented before signing a prenuptial agreement. Many family law matters begin after a couple has been married.