Can you sue someone for keeping your money?
Asked by: Ms. Palma Grady | Last update: December 28, 2025Score: 4.5/5 (31 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.
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 you sue someone for not returning money?
Yes, you can sue, however you would need to be able to prove that you loaned the money (it was not a gift). You may have to decide that this is a lesson learned. Never loan money that you can't afford to lose, and have a signed contract stating the amount of the loan and how/when it is to be repaid.
Can I sue someone for stealing my money?
Every state has applicable laws when dealing with fraud. In California, there are laws to help victims that have been defrauded to recover damages for any type of intentional fraud or negligent representation. Certain legal elements and specific facts must be alleged with particularity in a civil complaint.
Is it worth suing someone?
You need to answer three fundamental -- and fairly obvious -- questions as part of deciding whether it's worthwhile to bring a lawsuit to court: Do I have a good case? Am I comfortable with the idea of a compromise settlement or going to mediation? Assuming a lawsuit is my best or only option, can I collect if I win?
How Much Money Do You Need To Sue Someone?
Is it better to sue or settle?
Litigation takes time and often leads to more time due to appeals and retrials. You will have to be involved as the trial progresses. Whether you are the plaintiff or the defendant, if the total time spent in litigation is not worth a good outcome in court, then settlement is probably a better option.
What happens if someone sues you and you have no money?
The plaintiff might attempt wage garnishment or bank account levies. 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.
What can I do if someone stole my money?
If the fraud occurred in your local community, you could also report the matter to the police and your district attorney. You may need to file a police report if you plan to file an insurance claim for fraud losses. Also contact your state financial regulator or attorney general.
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.
Is it worth going to small claims court for $1 000?
Your ability to collect after winning a small claims case should be a top consideration. Consider this, if someone owes you $1,000, and you know they don't have money, is it worth going to small claims court? Probably not if the reason you are suing them is to get your money back.
How much does a lawyer cost to sue someone?
Hourly basis: A lawyer who works with you on an hourly basis will charge you for each hour of the time they give you. Hourly rates will vary depending on the layer and your case but can range anywhere from $199 to $295 per hour.
Is it illegal to not pay someone back money?
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.
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.
How to legally get your money back from someone?
- Send a Demand Letter.
- Can You Go to The Police If Someone Owes You Money?
- Using Empathy As a Way of Getting Paid Back.
- Ask For Repayment Directly.
- Offer a Payment Plan.
- Brainstorm Together Other Creative Ways to Get Paid Back.
- Think About Going to Mediation.
- When All Else Fails, Consider Going to Small Claims Court.
What happens if a friend borrows money and doesn't pay back?
If you can't resolve the loan dispute on your own, consider legal action. Unfortunately, that's not a reality for everyone. When clear, consistent payment reminders and communication don't work, lenders may consider legal action to collect an unpaid loan. Seek legal advice before proceeding with any legal action.
How do you get money from someone who won't pay you back?
Go To Arbitration or Take Legal Action
The arbitrator's judgment can be enforced in the same way that a judge's can. If the outstanding debt isn't too large, but you don't think you'll be able to collect it alone, you can consider suing the client for non-payment and taking them to small claims court.
What to do when someone owes you money and ignores you?
- Introduction: ...
- Open Communication: Establish a Paper Trail. ...
- Send a Demand Letter. ...
- Small Claims Court. ...
- Mediation. ...
- Arbitration. ...
- File a Lawsuit in Civil Court. ...
- Obtaining a Judgment.
Can someone go to jail for owing you money?
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.
Can I file a police report for someone not paying me back?
The police may be able to go after him and get your money back. If not, then you can file a lawsuit and sue him to recover it. Yes you can, a police report as per above.
Can you press charges on someone who stole your money?
If someone has stolen money from you you should report it to your local police department as soon as possible so that an investigation can be done and the police can establish probable cause n order to arrest this individual.
Can you call the police on someone who stole your money?
For all types of financial crime you should contact at least the following agencies: Local police or law enforcement to report the crime and obtain a police report.
How to prove money was stolen?
Using “Documentary” Evidence
This can include things like receipts, invoices, bank statements, contracts, and so on. This evidence helps establish ownership or prove financial transactions related to the stolen property. For example, imagine someone is accused of stealing money from a business.
Do you go to jail if someone sues you and you can't pay?
While debt collectors can no longer have you jailed or threaten to have you arrested for not paying your debts, there are a few instances in which you can be incarcerated with debt as the underlying cause. For example, a debt collector can sue you and, if you fail to comply with court orders, you could get jail time.
What happens if someone sues you and you ignore it?
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
Can I sue someone for never paying me back?
Yes, if you lent someone money and they never paid you back you can sue for the money they owe you. Additionally, you do not need a contract to sue someone for money owed, however, if there is a contract or some type of written agreement or evidence of an agreement this will be useful in court.