Unpaid personal loan in small claims court

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

Steps that matter

  1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
  2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
  3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
  4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
  5. File in the court where the defendant lives or where the loan was agreed to.

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This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: always verify with your local court.