Hi there. It sounds like you are in a difficult position. Lending money to friends or family can be risky, especially if the relationship breaks down. The first step you should take is to write a letter to your friend setting out the details of the loan (e.g. date, amount, method of transfer) and requesting that she repay the money by a certain date, otherwise you may take legal action against her. In legal terms, this document is called a ‘letter of demand’. You should send the letter via registered post and keep a copy for your own records.

If your friend does not repay the money by the date specified in the letter, you may be able to take legal action against her. You can make a claim in the Magistrates Court for civil matters, such as loaned money that has not been repaid. To successfully make a claim against your friend, you would need to prove certain things about the loan.

For example, you would need to establish that both you and your friend intended the money to be repaid and that it was not a gift. You would also need to establish that you both intended to create a legally binding agreement. This means you would need to prove you were both serious about entering the agreement such that one person would sue the other person if they failed to repay the money. If any part of the agreement was put in writing (e.g. letter, email, text messages), this will strengthen your claim.

If you are successful in making a civil claim in the Magistrates Court, your friend will be legally required to repay the money. If they still do not repay the money, you have the option of commencing further legal proceedings to enforce the court’s decision and recover the debt. This can be a complicated and slow process and, if your friend does not have enough money to repay the debt, may not be worthwhile.