Resources & FAQ's


Thomas F. Waggoner

Someone hasn't paid me what he promised, how do I get my money?

Experienced counsel can evaluate your situation and help you choose the best course of action. You may want to avoid a lawsuit, but unless the debtor pays you voluntarily there is no other way to force him to do so. Prior to litigating, we can advise you as to what to expect, and make sure that the cost-benefit of the service is reasonable. While many misunderstandings are the result of poorly drafted contracts, even if the debt is based on an oral agreement, the lack of a writing likely will not bar you from recovering. Proving the terms of an oral agreement can be difficult, but if you have evidence that the money was given (such as a canceled check) and that the money was not a gift, most courts will consider the transfer evidence of a loan. Partial repayment may also be evidence of a loan. If it is appropriate to proceed in small claims court without a lawyer, we can assist you by helping you understand the elements of your claim and making sure you have necessary supporting documents (contracts, receipts, and other evidence) at your hearing.