A woman who is facing a lawsuit over a loan of $100,000, is disappointed that her best friend has taken her to court.

She explained that, last year August, she borrowed the money from her friend to assist her in sending her three children back to school.

"When I borrowed the $100,000 from my best friend, I was not working and my friend said, at the time, I could pay her back whenever I get a job," the woman said.

"I got a job in February and I took $30,000 in April to give my friend as part payment on the loan, but she refused to take the money saying she wanted all of her money. I told her she should remember that I just started working and had to be supporting my three fatherless children because their father died five years ago. My friend knows that my three children are going to high school and that I am having a difficult time sending them to school.

begged for patience

"I even promised her that I would try to pay her $15,000 per month until the loan was paid off, but she became very upset and said she did not want her money in pieces. I told her that was not my intention, but I just cannot find the money to pay her one time. I even showed her my salary slip and begged her to have some patience, but she is just not listening to me.

"My friend is a very kind person and she used to help me with my children when I was not working. I think the real problem is that one of my relatives is very jealous of the way my friend helped me with my children and went and told her that I said bad things about her.

"I told my friend that there was no truth to what my relative said, but it seems my friend loves gossip more than the truth. My problem is that, last month, I was at home when I was served with a summons to attend court over the loan for $100,000. My friend is even seeking 10 per cent interest on the money.

"My real fear is that I have never been to court before and I am really scared. Do you think I will get a fair hearing in court?"

Although it is your first time in court, you need not be scared, because one of the functions of the court is to ensure that litigants get a fair hearing. You just have to explain to the judge that when you borrowed the money there was no agreement to pay interest on it. If you still have the $30,000 or more, you could buy a manager's cheque in your friend's name and take it to court. You could explain your situation to the judge and ask for time to pay the balance. If there was no written agreement for you to pay interest on the money, then the court will not make such an order.