Someone owes me money and won't pay it back

An oral loan is still a loan. Courts enforce them constantly; the difficulty is evidence, not legality. What persuades a judge is a paper trail that is inconsistent with a gift: a bank transfer with a memo, a text saying 'I'll pay you back next month', a partial repayment, a screenshot of the request.

Gather it now, before the other person's phone gets wiped or the account gets closed. Screenshot the messages with dates visible, export the bank record, and write down your own timeline while you still remember exact dates. The person who arrives at a hearing with an organised chronology usually wins the credibility contest.

If the relationship is still workable, the single best move is to convert the informal debt into a signed promissory note with a repayment schedule. People who resist a lawsuit will often sign a note, because it feels like cooperation rather than defeat — and it hands you a written instrument that is dramatically easier to enforce.

A workable note names the parties and the amount, sets the schedule, states any interest, defines what counts as default, and says who pays collection costs. Keep the payments small enough to actually happen; a note that gets performed beats a bigger one that gets ignored.

If they've stopped responding, send a written demand. Beyond the practical effect, it does two legal jobs: for an open-ended loan with no due date, a demand is often what makes the debt due and starts the limitations clock, and it creates the dated record that you asked and were refused.

State the amount, the date and method of the loan, the evidence you have, what you want, and by when. Keep every accusation out of it. Letters that read as calm and inevitable get paid; letters that read as angry get forwarded to friends and mocked.

Small claims limits run from roughly $2,500 to $25,000 depending on the state, so most personal loans fit. Filing costs are low and you do not need a lawyer. Bring the transfer record, the messages, the demand letter, and your timeline.

The honest caution: a judgment is permission to collect, not money. Collecting from someone with no job, no bank account, and no property is difficult in every state. Before filing, ask whether the person could pay if ordered to — and factor in that suing a family member is often the end of that relationship regardless of the outcome.

• Write a one-page note for anything you would be upset to lose.
• Transfer by bank or app with a memo, never cash.
• Set a specific due date — 'when you can' is unenforceable in practice.
• Decide honestly at the outset whether it is a loan or a gift, and say which.

• Promissory note template
• Small claims limits by state
• All document templates

Easy Legal AI is not a law firm and does not provide legal advice or attorney representation. This page is general information about how these disputes usually work; the rules that apply to you depend on your state and your facts.