{"id":368982,"date":"2021-07-13T10:32:14","date_gmt":"2021-07-13T15:32:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/going-to-court\/can-i-sue-someone-who-owes-me-money.html"},"modified":"2024-01-09T16:27:38","modified_gmt":"2024-01-09T21:27:38","slug":"can-i-sue-someone-who-owes-me-money","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/going-to-court\/can-i-sue-someone-who-owes-me-money.html","title":{"rendered":"Can I Sue Someone Who Owes Me Money?"},"content":{"rendered":"\n
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Can I Sue Someone Who Owes Me Money?<\/h1>\n
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\n By Steven Ellison, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Yes, you can sue someone who owes you money if you have clear proof of the debt and the amount falls within your state\u2019s small claims court limits. You\u2019ll need to file a complaint, serve the defendant, and present evidence in court.<\/p>\n\n <\/div>\n\n

When someone keeps "forgetting" to pay you or flat out refuses to pay up, the situation can quickly become frustrating. But you have legal options in this type of situation. You can take the issue to small claims court<\/a> and pursue legal action if it falls between the minimum and maximum money thresholds under court rules.<\/p>\r\n

In most cases, it’s best to try to collect the debt informally before pursuing legal action. You can also talk to an attorney with experience in collections for legal advice. An experienced attorney<\/a> can explain your options and help you decide if a civil case is worth pursuing.<\/p>\r\n

Money Threshold for Small Claims Court<\/h2>\r\n

Check your state’s small claims case money limit first before considering legal action. You can find links to every state and the District of Columbia at FindLaw’s Small Claims Court section<\/a>. You can also contact a small claims court attorney<\/a> with questions.<\/p>\r\n

For example, Oregon small claims courts<\/a> allow any case up to $750. Cases requesting $750 to $10,000 can go to small claims or civil court. Any cases recovering over $10,000 need to go to civil court or a local superior court.<\/p>\r\n

Small Claims Judgment 101<\/h2>\r\n

Small claims court exists to give two or more parties a place to state their side of the story. But you should carefully consider if suing someone is the right course of action<\/a>.<\/p>\r\n

You will prepare your case, file a complaint, and then a judge will hear the case and provide a final ruling based on the evidence you present. The cases and resolutions tend to be quick, and both sides must obey the judge’s decision.<\/p>\r\n

While you can bring an attorney to some small claims courts, many people choose to represent themselves<\/a> to save money. Some states don’t allow you to have an attorney at all.<\/p>\r\n

If the money owed is due to rent, housing, or pending eviction, you should know those laws in your state. Debt involving real estate, eviction, child support, personal injury, security deposits, unfilled contracts, and other small claims lawsuits<\/a> may have specific rules in state courts.<\/p>\r\n

Owing Money: Legal Definition<\/h2>\r\n

There are some guidelines you need to follow to sue someone for owed money<\/a>. You 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.<\/p>\r\n

In the legal sense, owing money must include:<\/p>\r\n