Notary-Signed Repayment Promise

[Harold99]

"The right thing to do" means the procedure I would use to get whatever money I can from this person. Sounds like least risky and most efficient would be to forfeit $400 in favor of getting $3500. Thanks for the input.

This is helpful. Thank you

The important thing to do is what lawyers do before they take a case. They check the financial solvency of the party they are suing.

If the other party has no money, they will likely know going into a small claims courtroom that a judgement against them has no teeth.

If you think they have the money, another option would be to pay a lawyer to write them a threatening letter for the full $3,900.

[pg1067]

"The right thing to do" means the procedure I would use to get whatever money I can from this person. Sounds like least risky and most efficient would be to forfeit $400 in favor of getting $3500. Thanks for the input.

No one here has the ability to make an informed opinion about whether waiving the $400 above the small claims limit is the "the right thing [for you] to do." Only you can decide that. All we can do is tell you that, in "regular" court, you'll have to be more concerned about civil procedure rules than you would in small claims court. Neither option is more risky than the other, and I don't think I'd agree that small claims court is more efficient. I would, however, say that small claims court is (or is supposed to be) simpler and quicker.

[paddywakk]

So true! When I thought students were being less than truthful, I used to ask for a notarized statement from the parent.

[flyingron]

[cbg]

Yup. Like that.