Can I file a lawsuit on a debt owed by a friend on a verbal contract but have texts saved saying they will repay the debt?

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I loaned a so called friend over $7000. They repaid part of the debt then stopped. I messaged them multiple times over the course of a year and they kept telling me when they would repay me and how they would i.e. taxes, school loan payments etc. I have text messages confirming this. I filed a civil suit since it was over $5,000 but got the court date mixed up and the case was dismissed by the judge with Pre-Justice. Can I re-file in my county since I filed in the one she lives in or in small claims court and just ask for $5,000? I'd be happy to get some money back if I cant get all my money back. Thanks

Attorney Answers

2
Thomas Callahan ·
If you already filed a lawsuit and it was dismissed "with prejudice", no you cannot sue again. "With prejudice" means it's done. Your only hope is to try to vacate the dismissal and revive that lawsuit. You will have to show both a compelling reason why you missed the date and that your claim has merit. The emails can be evidence of the existence of the debt. If the court does not vacate the dismissal, however, you're done and will have had two lessons: don't lend friends money without a written promissory note and don't miss court dates. Both have consequences.
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