QUESTION

What evidence will I need to provide for a small claims case In Massachusetts?

Asked on Jul 25th, 2014 on General Practice - Massachusetts
More details to this question:
I lent a family friend $3000 about 2 years ago and he has paid $2300 so far. There was no contract involved but the payments have dropped off for the past 8 to 9 months. I have multiple witnesses including his girlfriend that will testify on my behalf. Is that enough to win my case in Massachusetts? He has more than enough money to pay me back and acknowledges that he owes me when i talk to him about it. Please Help Me Out here!
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1 ANSWER

Appellate Practice Attorney serving New York, NY
First, there was a contract involved.  You loaned him $ and he agreed to repay it.  Even if you didn't set the terms for repayment, the law will presume that your friend had to repay you within a reasonable time. Second, as to what evidence you will need to provide, you should provide all the evidence you can.  Your testimony, the testimony of any other witnesses with personal knowledge (people who know about the loan only because you told them about it have no personal knowledge; people who know about it because your friend admitted it can testify as to his admission), copies of any repayment checks, copies of the check or other document evidencing the loan, copies of emails, texts, or letters between you and your friend with refer to the loan, etc.  Nobody can tell you whether the evidence you have will be enough; it all depends on whether, assuming your friend denies that he owes any money, the Judge believes you or him.  The more evidence you produce, the more likely that the Judge will believe you. 
Answered on Jul 25th, 2014 at 9:00 AM

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