If I loaned a individual money and he signed a contract with me and has not paid my money back in full by the contracts due date, can I file a file in small claims court?

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If I loaned a individual money and he signed a contract with me and has not paid my money back in full by the contracts due date, can I file a file in small claims court?

Asked on June 17, 2015 under Bankruptcy Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can file a suit for breach of contract in small claims court as long as it's a small claim.  If the claim is for an extremely large amount of funds, then you may have to file in a different court.  Contact your local small claims court to learn the highest amount you can claim in small claims court.

It's not an extremely hard process to get a judgment.  The hard part is usually securing collection of the funds.  Once you have a judgment, if you really want the funds, considering having a consult with an attorney that regularly handles collection efforts so that you will actually be able to do something with your judgment.


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