Should I hire an attorney or use small claims court to sue someone for a debt?

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Should I hire an attorney or use small claims court to sue someone for a debt?

My ex-wife agreed to repay $6100 worth of school loans for our daughter. I paid the costs for her to graduate and expected my ex to pay it back. She made no payment towards the $6100 and I want to sue her for the rest. She was not working for a while but now is employed and has not replied to any emails regarding the debt. I live in one state and she lives in another.

Asked on November 2, 2011 under Bankruptcy Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good question. Given the fact that the $6,100 owed you is in the small claims court arena, I would write a letter to your former spouse seeking some confirmation of the debt owed you with a set payment plan to be delivered to you by a set date.

If the deadline comes and goes and you do not receive and adequate response from her, you should consult with an attorney to assist you in getting things in order to file a small claims court case and to present your case against her if you have to sue her there.


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