Can I take my ex to court for money owed?

Asked by: Ollie Douglas  |  Last update: May 24, 2025
Score: 4.8/5 (55 votes)

Yes, you can sue someone who owes you money. When someone keeps "forgetting" to pay you or flat out refuses to pay up, the situation can quickly become frustrating. You can take the issue to small claims court and pursue legal action if it falls between the minimum and maximum money thresholds under court rules.

Can you sue an ex who owes you money?

Yes, you can file a lawsuit to get the money owed to you. A verbal promise to pay someone money is just as legally valid as a written contract.

What to do if your ex owes you money?

Send a formal demand letter to your ex, stating the owed amount, the repayment agreement, and requesting payment within a specific timeframe. Keep records of the letter and its delivery.

What can you do if someone doesn't pay your money back?

  • File a court action ( sue them) in either small claims or municipal court.
  • Hire a collections firm or collections attorney to pursue them
  • Keep sending them notices that they owe you money, and demand payment

Can I sue my ex for court costs?

You certainly can sue. You will have a very hard time finding an attorney that will take this case on a contingency fee, so you will have out of pocket legal costs and fees. Something to consider as well is that he probably committed perjury; contracting the local DA might be worth it.

What To Do If Your Ex Owes You Money?

16 related questions found

Can I sue my ex for emotional distress?

However, California law recognizes the seriousness of emotional injuries, even if they lack physical symptoms. “You can't prove it.” Despite its intangibility, you can prove emotional distress in court. You can provide evidence through medical records, journal entries, and expert testimonies.

How much does it cost to take someone to court to sue them?

On average, a lawsuit costs approximately $10,000 for a simple suit. However, numerous factors can influence the cost of your lawsuit.

Is it a crime to not pay someone back?

Of course, it is against the law, not to repay, what was borrowed amount of money. If it will be from your bank, credit cards, and private loan. If is not gift, borrowed money, must be payd back, according to agreement between borrower, and other party.

Is it worth suing someone with no money?

Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.

Can you go to the police if someone owes you money?

It is a civil matter, not criminal, so the police are not going to get involved. You have to sue and go after her and get a judgment. If she does not pay, you can then enforce it and go after money or assets.

Should you sue someone who owes you money?

Reach Out to the Person Who Owes You Money

Most of the time they will agree to pay you all or most of what you are owed. If they don't pay you, it might be time to escalate the situation to small claims court.

Are you responsible for your ex's debt?

In other words, both spouses are usually responsible for debts incurred during the marriage by either party, but not for debts incurred before marriage. In community property states, you and your spouse will be held equally liable for: Any credit card debts in your name (as a sole owner or jointly)

How do you bring up that someone owes you money?

It's best to be direct and polite about it: there's no need to bring up the past (unless there's an important reason), just remind them of what they owe. It's never easy to ask someone for money they owe. Remember that your tone can set the mood, so make it warm and understanding rather than annoyed or frustrated!

Is it worth going to small claims court for $500?

Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.

How do I get my ex to pay me back?

Demand Letter: Before taking legal action, a demand letter can be sent to your ex, which formally requests repayment by a certain date. A Demand letter is generally cheaper and faster than a lawsuit.

Can text messages be used in court for money owed?

Yes, text messages are admissible in court, but only if they were legally obtained. This means a person must voluntarily provide the court with the text messages.

What happens if someone sues me and I have no assets?

Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed. Even if the defendant has no money now, the plaintiff might collect it in the future when financial circumstances change.

How much money is enough to sue?

In general, claims are limited to disputes up to $5,000. However, natural persons (individuals) can claim up to $10,000. Corporations, partnerships, unincorporated associations, governmental bodies, and other legal entities cannot claim more than $5,000.

Who pays in a civil lawsuit?

The rule for attorneys' fees is that each side must pay their attorneys' fees unless a contract or statute allows an award of attorney fees. A losing party pays attorney fees only if the winner is specifically given the right to recover legal fees in a contract between the parties or through a state or federal law.

Can I sue my ex for money owed?

Yes, you can sue someone who owes you money. When someone keeps "forgetting" to pay you or flat out refuses to pay up, the situation can quickly become frustrating. You can take the issue to small claims court and pursue legal action if it falls between the minimum and maximum money thresholds under court rules.

What to do when someone refuses to pay back your money?

What to Do If Someone Owes You Money and Won't Pay Back
  1. Introduction: ...
  2. Open Communication: Establish a Paper Trail. ...
  3. Send a Demand Letter. ...
  4. Small Claims Court. ...
  5. Mediation. ...
  6. Arbitration. ...
  7. File a Lawsuit in Civil Court. ...
  8. Obtaining a Judgment.

Can you go to jail for not paying money back?

You cannot be arrested or sentenced to prison for not paying off debt such as student loans, credit cards, personal loans, car loans, home loans or medical bills. A debt collector can, however, file a lawsuit against you in state civil court to collect money that you owe.

How much should I sue for emotional distress?

Generally, these claims are worth $30,000-$50,000. The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances.

Will a collection agency sue for $5000?

Unpaid, credit card balances between $5,000 to $10,000 increase the likelihood of legal action by creditors or collection agencies. While agencies typically pursue the full amount owed, debt buyers may accept reduced payments.

Who pays court fees in a lawsuit?

Litigation expenses are often borne by the individuals involved. Unless a statute or contract specifies otherwise, each party pays their attorney's fees. The prevailing party may sometimes seek to recover legal fees as part of the judgment.