I need my money!

Dear Mrs Macaulay,

I’m seeking guidance in a financial matter. Over a period of five months I loaned a friend a rather large sum of money, US$6,500 to be exact, as this person was awaiting an inheritance. The person comes from a rather well-known family, so I trusted his word.

Now I’m having trouble getting my money back. I do have all saved e-mails and messages of all amounts loaned and him stating that he would pay me back. I also have a copy of a cheque he wrote me for half of the amount, which cannot be cashed.

Can this be taken to small claims court? I get verbal abuse when I ask for my cash, so I don’t really want to keep approaching this person as he is also a licensed gun holder and my trust level has already been tested as to how he reacts towards people, including myself.

Oh dear, this must have destroyed the friendship which you say you had with this person! You must have realised by now that you should not have trusted his word, but should have required proof of his so-called inheritance payments.

Clearly he has no intention of paying you back unless he is made to do so.

You have asked whether you can take this matter to a small claims court. The short answer is that you cannot make your claim in a small claims court because the sum owed to you far exceeds its jurisdiction. In such a case as yours, you would have to file your claim within the jurisdiction of the Supreme Court or the Resident Magistrate’s Court in your jurisdiction.

When you file, you can attach copies of the cheque and the most clear and relevant e-mails and messages to your claim, and if the defendant fails to acknowledge service of the documents on him, you can enter a judgement in default and proceed thereafter through the processes to execution. Or depending on the circumstances of what the defendant does, you may apply for summary judgement. In both instances interest and costs will be added to the principal sum of your claim. You should claim for your money in US dollars which was the currency you loaned to him, and seek your order of repayment in that currency.

I suggest that you contact and retain an attorney-at-law to represent you and prepare and file your claim on your behalf. Then your lawyer will ensure that your claim is filed in the proper court with the jurisdiction to deal with it and so that it is done as speedily as possible.

You have, from what you have told me, an answerable case against your erstwhile ‘friend’. He clearly has no defence to it and you should have no problem in obtaining a judgement against him. He will have to pay you interest on it, which you must claim, and he will have to pay the costs appropriate to your claim.

I must, however, mention the issue of limitation of actions. This is that you must file your claim against him before six years pass after the date you loaned the money to him. You can even file it just one day short of the expiration of the six years. I hope, though, that you have not waited so long before deciding to act through the law to get your money back. If it is now over six years since you made the loan, then you cannot legally claim repayment of it as the limitation period would have expired.

Please go and consult an attorney as soon as possible and move ahead. Good luck and get on with your claim.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.

DISCLAIMER:

The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.