Can I file a cheating case against my friend for not returning my money?

Asked by: Keshawn Erdman  |  Last update: February 13, 2026
Score: 4.1/5 (40 votes)

You generally can't file a criminal "cheating" case just for not returning money, as debt is usually a civil matter, but you might if there was initial fraud (e.g., false pretenses), otherwise, you'll need a civil lawsuit (like small claims court) or demand letter, using evidence like texts or bank records to prove the loan. The key is proving dishonest intent from the start, not just a broken promise to repay.

What to do if someone isn't giving your money back?

When someone owes you money and refuses to pay, start by sending a formal Demand Letter, then consider Mediation, and if needed, file a lawsuit in Small Claims Court, which is faster for smaller amounts, potentially leading to wage garnishment or bank levies after you win a judgment. Always gather your proof first, like texts, emails, or signed agreements, to show the debt's legitimacy. 

Can you sue someone for not giving you back your money?

If you can prove that they received the money, that there was an agreed repayment schedule, and that they have failed to reply as agreed, then absolutely you can sue.

What to do if a friend refuses to pay you back?

Even if there is no evidence, you could still (in theory) use the small claims court. If the other person does not decide just to pay you back then it would go to a hearing and the judge would listen to you both.

What can I do if someone refuses to give me my money back?

Negotiation and mediation

Your first port of call should be to simply talk to the person who owes you money and ask for it back. If this fails and things are getting heated or the debtor refuses to acknowledge your claim, you could try mediation.

These 10 New Scams Are Draining Bank Accounts (Even Smart People Are Falling For It)

31 related questions found

Can you go to jail for not paying a friend back?

The idea of jail time for debt stems from a historical practice known as debtors' prisons. These institutions were abolished in the U.S. in 1833, meaning today you can't be jailed simply for owing someone money. Unpaid consumer debts—such as credit cards, personal loans or medical bills—won't land you behind bars.

How to legally get your money back from someone?

How to get money back from someone

  1. Step 1: Check you have proof. ...
  2. Step 2: Ask politely first. ...
  3. Step 3: Offer a payment plan (if needed) ...
  4. Step 4: Send written requests (if they ignore you) ...
  5. Step 5: Send a Letter Before Action (day 30-45) ...
  6. Step 6: File a small claims court claim (day 60+)

Can you take legal action if a friend doesn't pay you back?

If other debt collection methods have failed, you need to follow steps to take the matter to small claims court. You can also consider mediation instead of court. Many small claims courts will send you through mediation first. Also, consider if you want an attorney at your side in small claims court.

Is it worth suing someone for $500?

Suing for $500 can be "worth it" in small claims court, which is designed for smaller disputes and usually doesn't require a lawyer, but you must weigh filing/service fees (can be $20-$200+) and the opportunity cost of your time (prep, court) against the potential recovery; if your costs approach $500, it's often not financially sensible, but it might be worth it for principle or if the other party pays easily, says. 

How to outsmart a toxic friend?

12 Strategies Used by Successful People to Handle Toxic People

  1. They Set Limits (Especially with Complainers)
  2. They Don't Die in the Fight.
  3. They Rise Above.
  4. They Stay Aware of Their Emotions.
  5. They Establish Boundaries.
  6. They Won't Let Anyone Limit Their Joy.
  7. They Don't Focus on Problems—Only Solutions.
  8. They Don't Forget.

Can someone sue you for not giving back a gift?

While a typical transaction can be enforced in court if one party fails to perform, a gift is normally not an enforceable obligation on the part of the party receiving the gift.

How much does it usually cost to sue?

Average lawsuit costs vary dramatically, from around $1,000-$5,000 for small claims to tens or even hundreds of thousands for complex civil cases, with median costs for typical matters like auto or employment disputes ranging from $43,000 to over $122,000, depending heavily on complexity, case type, attorney fees (often hourly or contingency), and expert witness involvement. 

Is it illegal to not give someone their stuff back?

Yes, it can be illegal (a civil wrong like conversion or even theft if intent is proven) to not give someone back their property, especially if it was just borrowed or if they left it behind due to an eviction, as it violates property rights, but police may treat it as a civil matter; you can sue in civil court for return (replevin) or value, and police may get involved to help retrieve items if you have proof of ownership, but laws vary by state, especially for abandoned property after a tenancy ends. 

What to do when someone owes you money and ignores you?

  1. Send a Demand Letter.
  2. Can You Go to The Police If Someone Owes You Money?
  3. Using Empathy As a Way of Getting Paid Back.
  4. Ask For Repayment Directly.
  5. Offer a Payment Plan.
  6. Brainstorm Together Other Creative Ways to Get Paid Back.
  7. Think About Going to Mediation.
  8. When All Else Fails, Consider Going to Small Claims Court.

What to do if someone doesn't want to pay your money back?

When someone owes you money and refuses to pay, start by sending a formal Demand Letter, then consider Mediation, and if needed, file a lawsuit in Small Claims Court, which is faster for smaller amounts, potentially leading to wage garnishment or bank levies after you win a judgment. Always gather your proof first, like texts, emails, or signed agreements, to show the debt's legitimacy. 

What to do when someone won't give something back?

If you have a problem with someone who has borrowed your property and has not given it back, keep a record of all the occasions you have asked for it and then ask a solicitor to send a formal letter asking for the return of the property.

What are good reasons to sue?

Some common damages you can sue someone for includes:

  • Medical bills for hospital care and physical therapy.
  • Lost wages when injuries prevent you from working.
  • Property damage from car accidents or slip and fall incidents.
  • Emotional distress claims related to pain or trauma.
  • Non economic damages for loss of quality of life.

How much money is enough to sue?

You don't need a fixed amount of money to start a lawsuit, but costs vary widely, from under $100 for small claims court filing fees to tens or hundreds of thousands for complex cases with lawyers, with personal injury often using "no win, no fee" (contingency) arrangements where you pay a percentage (30-40%) if you win. Initial out-of-pocket expenses (filing fees, retainers) can range from under $100 to several thousand dollars, depending on court, case type, and lawyer. 

What happens if you get sued but own nothing?

If someone sues you with nothing, they can still win a judgment, but collecting is hard; you become "judgment-proof" if legally protected assets/income (like minimum wage earnings or Social Security) exist, but creditors can place liens or garnish future wages/bank accounts once you do get money or property, meaning the debt and judgment can follow you for years. Ignoring the suit leads to a default judgment against you, making collection easier for the plaintiff. 

What to do if my friend is not returning my money?

  1. If your friend still refuses to repay, consult a lawyer to draft a formal legal notice demanding repayment.
  2. The notice should include: The amount owed. Date and mode of the loan. Proof of transaction (bank details, messages, etc.) A clear deadline for repayment (15-30 days) Warning of legal consequences if not repaid.

Is it illegal to not pay back a friend?

Generally, one would bring an action on breach of contract or, in some jurisdictions, for money lent where that cause of action is still recognized.

How to handle a friend not paying you back?

How to get money back from a friend.

  1. A reasonable time-frame for them to repay in full, this should be seven days as a minimum.
  2. Advising them that if payment isn't forthcoming then you intend to issue county court proceedings.
  3. A summary of the loan including the amount, date started and when it should have been repaid.

How to get money back from a friend who owes you?

Options include:

  1. Applying for a bailiff to seize and sell goods to cover the debt;
  2. Securing the debt by a charging order over property owned by the debtor (and later forcing the sale to release your money);
  3. Obtaining a third-party debt order to recover the sum owed to you from the debtor's bank account or other assets.

How do I prove someone owes me money?

If your debtor is an individual

This could be in the form of an overdue invoice or a contract outlining the payment terms. If your agreement was made verbally, don't lose hope. A written confirmation, such as a text message or an email simply expressing gratitude for the loan, can serve as powerful evidence.

What can I do if someone won't give me my money back?

When someone owes you money and refuses to pay, start by sending a formal Demand Letter, then consider Mediation, and if needed, file a lawsuit in Small Claims Court, which is faster for smaller amounts, potentially leading to wage garnishment or bank levies after you win a judgment. Always gather your proof first, like texts, emails, or signed agreements, to show the debt's legitimacy.