I'm looking for advice on whether I have a decent lawsuit or not. If
anyone could offer advice I would appreciate it and understand that it
is only advice based on knowledge of applicable law and not official
legal advice.

My suit is on a friend who owes me some money for 2 expensive theater
tickets that I had purchased for him and his girlfriend. He was low on
money around Valentine's Day of last year and I decided to help him
out. The agreement was that I would be paid back within a week, but a
few days later he and his girlfriend were kicked out of the house they
shared with his mother. Knowing his personal problems and the
additional costs he would be paying to move into a new apartment, I
did not bother him about the money he owed me. When I did he would
always promise that he would have it in a week, which would always
lead to a promise of another week. His company fired him a little
later and I stopped bother him for a time figuring he was facing hard
times. He now has a new job but has cut off all contact with me. I
have learned that this is because he had borrowed money from his
girlfriend to pay me back, but apparently spent that money elsewhere.
With no way to contact him I am forced to file suit in small claims
court. I am also contemplating suing for some of my belonging which he
borrowed and has not returned.

My question is whether I have a case with a decent chance of winning.
I have researched California small claims law and know that I am
within the statue of limitations. We had a verbal agreement with no
witnesses, but I have kept all receipts and have witnesses of
disccusions after the agreement where I agreed to give him extensions
on when the loan will be paid. Are my witnesses of us discussing the
terms of repayment valid for showing that there was a verbal agreement
should he lie in court and claim that there was no agreement? Also,
will it be a problem if his girlfriend claims that she gave him money
to pay me back even though I know he kept the money for himself? And
should I sue for my belonging (which are at his mother's house and may
have been thrown away) in the same suit or file a seperate one?

Also, not as important, but he claims that he owes over $3000 in
unpaid traffic tickets. I was in the car once when he was pulled over
and the officer threatened to arrest him for the unpaid tickets. If we
do end up in court will he be arrested?

Small claims court is like going before the principal. No your friend
will not be arrested as the judge sees your case for the first time as
you stand in front of him. He could care less about the tickets.

Your friend must be servable by either someone you hire or yourself.
The papers are handed to the person telling them to appear. Have a
witness I would suggest.

If you want him arrested simply pay the court at the time of filing
the extra 35.00 and have the Sheriff serve him. They probably look up
the person they are going to serve to see if there are any past
problems to insure the front door does not open to Hillside Strangler
part 2. Bingo the tickets. But they need a address.

The Judge will ask you for supporting evidence including papers or
witnesses. The must be there and tell what they heard. Based on what
you have said its a slam dunk. Now the question is do you want him to
have a new 'girlfriend' for a few days in a secluded getaway.

The entire process before the judge is VERY quick. They can read
people and situations fast. The mail the ruling as to not have any
arguments there. Before my first one I went and watched while court
was in session. Schedule yourself to file the brief complaint during
session and kill two birds with one stone.

You have a strong case as there has been an obvious injustice and you
are owed monies etc.The judge will care about the tickets being
repayed etc as there is a moral point of it otherwise you would not
pursue payment true?  An agreement was made that has been dishonoured
and so you would like to be repayed. You do not need a witness as
everything is here say. Perhaps if you kept the receipt for the
tickets you purchased on behalf of him would be proof enough of some
entitlement. There are several thousand cases like this every year of
similar circumstances and majority are successfull. if in doubt seek
legal representation.. I would assume your case is straight forward
and to have a better chance than many others that seek legal means to
recouperate debts owed etc.

Good Luck...

Thanks for all the information. You have given me confidence that I
can win this thing. I have receipts for the tickets and most of the
items I will be suing for. I will take your advice and go sit in on an
actual proceeding before filing my suit. Will suing for the items of
mine he has not returned affect my case or should I just make those in
a seperate case.

My main concern is still that he could have his girlfriend testify
that he already paid me back since, as far as she knows, he paid me
back with the money he had borrowed from me. I have 2 witnesses to
counter her testimony though. Towards the end of our friendship when
it became increasingly obvious to me that he had no intention of
paying me back I had specifically asked these people to go with me and
listen while I gave detailed accounts of what was owed to me and got
him to agree to repay me. I did this since he refused to sign anything
saying that his word should be enough. I am just afraid that his
girlfriend could counter what my witnesses have to say. Though, while
out at a gentleman's club he suddenly proclaimed that he was engaged
and asked for us to buy him lapdances. While I was not as generous as
others present (due mostly to him already owing me money) I did put
$20 towards the cause. Afterwards he claims he never proposed to his
girlfriend and that it was only a "promise ring". Since he lied to
obtain the gift (of the dancer's services) and it was a gift given on
the condition that he was engaged I think I can sue for my $20. At the
very least it would make it less likely he involve his girlfriend. My
concern would be whether this issue might affect the judge's opinion
of my character. For the record: I'm not a big fan of gentlemen's
clubs and have never had a lap dance, but when you aren't the
designated driver you have to go with the group.

That 'lap dance' bit is petty and ridiculous.

Personally I would write the whole thing down to experience.
You have 'rumbled' a rather dubious and irresponsible ex-friend.

The important thing is to be very careful about lending money, it is a
very effective way of losing friends.
- easy advice to give, I wish I could follow it myself.

Personally I am furious with a guy who I lent $2000 and has
disappeared from the screen. However there is no way I would chase him
through the courts.

In the long run your ex-friend will probably save you thousands.

Yeah, there's a bunch of small "can you pay for my dinner, I'll pay
next time" things I've considered suing for and decided to let go. I
only mentioned the bachelor party thing because other who are out more
than my $20 are contemplating action there plus I thought it might
prevent him from getting his girlfriend to (unknowingly) lie for him,
but in the end you are right and I think it would be better for me to
be out $20 than to come across as petty to the judge.

With the tickets my hand is forced since they were very expensive and
I simply cannot let that go. Also with my personal items they are of
some value, but the personal value of the items is my main motivation.
Thanks again for the advice.

No matter what you do, you will need an address to serve your friend
the papers to summon him to court.

I think you have an excellent case.  If you want to collect the money,
why not submit the facts to some of the TV Judges.  That way, when you
win, you get paid that day.  Any award in TV Court shows is paid out
of a fund provided by the network.

Here's Judge Judy's submission page:
http://www.judgejudy.com/SubmitCase/submitcase.asp

~~Cynthia