Suing a friend who owes you money can be an uncomfortable and unpleasant experience, but sometimes it is necessary to take legal action in order to recover what is rightfully owed to you. In this blog, we will discuss the steps you need to take to send a demand letter and then file in small claims court to try and go after the debt.

Before You Sue Your Friend

Before you file a lawsuit, you should try to resolve the issue with your friend without going to court. This can be done by communicating with your friend and requesting repayment of the debt. You can do this through a phone call or a face-to-face meeting. Make sure to keep records of all communication with your friend regarding the debt, including the date and time of the conversation and a summary of what was discussed.

If your friend is unresponsive or unwilling to repay the debt, you can consider sending a demand letter. A demand letter is a formal letter that requests payment of a debt and sets a deadline for the payment to be made. It is important to make sure that your demand letter is clear and concise, and includes all necessary information such as the amount owed, the reason for the debt, and the deadline for payment. You may also want to include any relevant evidence or documentation to support your claim.

How to Send a Demand Letter

When sending a demand letter, there are several things to keep in mind:

  1. Use a professional tone: Even though you may be upset or frustrated, it is important to keep a professional tone in your letter. Be firm but polite and avoid using aggressive or confrontational language.
  2. Be specific: Make sure your demand letter clearly states the amount owed, the reason for the debt, and the deadline for payment. Include any relevant evidence or documentation to support your claim.
  3. Send the letter by certified mail: This will provide you with proof that the letter was received by your friend, and can be useful if you need to go to court later on.
  4. Keep a copy of the letter: Make sure to keep a copy of the demand letter for your records.

Dispute can help you generate a demand letter in minutes from your phone or computer.

What Happens If Your Friend Ignores the Demand Letter?

If your friend does not respond to your demand letter or refuses to pay the debt, you may need to take legal action. The first step in doing so is to file a claim in small claims court.

Small claims court is designed to handle disputes involving small amounts of money, typically under $10,000. The process is usually simpler and faster than other types of court cases, and you do not need a lawyer to represent you.

‎

How to File a Claim in Small Claims Court

Filing a claim in small claims court involves the following steps:

  1. Research the small claims court procedures in your area: Each state has different rules and procedures for small claims court. Make sure you understand the requirements and procedures in your area before filing a claim.
  2. Gather evidence: Collect all relevant evidence and documentation to support your claim, including the demand letter, any communication with your friend regarding the debt, and any other relevant documents or receipts.
  3. Fill out the necessary forms: You will need to fill out a claim form and file it with the court. Make sure to include all necessary information, such as your friend's name and contact information, the amount owed, and the reason for the debt.
  4. Pay the filing fee: There is usually a filing fee to submit a claim in small claims court. The amount varies by state, so make sure to check the fee schedule in your area.
  5. Serve the papers: Once you have filed your claim, you will need to serve the papers on your friend. This means delivering the documents to your friend in a way that is allowed by law. This can be done by certified mail, in person, or
  6. Attend the hearing: Once your friend has been served with the papers, a hearing date will be set. Make sure to attend the hearing and bring all relevant evidence and documentation to support your claim.
  7. Present your case: At the hearing, you will have the opportunity to present your case and argue why your friend owes you the money. Make sure to be clear and concise, and stick to the facts.
  8. Wait for the decision: After the hearing, the judge will make a decision on the case. If the judge rules in your favor, your friend will be ordered to pay the debt. If your friend still refuses to pay, you may need to take additional legal action, such as garnishing their wages or bank account.

Dispute can help generate small claims paperwork in minutes from your phone or computer.

Suing a friend for a debt can be an uncomfortable and difficult process, but sometimes it is necessary to take legal action to recover what is owed to you. By following the steps outlined in this blog, you can send a demand letter and file a claim in small claims court to try and go after the debt. With patience and persistence, you can hopefully recover the money owed to you.