Legal Question in Consumer Law in Florida

I owe money!

A friend lent me around $8000 and told me I had five years to pay it back. It's been about a year, and now he wants his money back. I can pay some money every month, but I am being threatened with a lawsuit! We signed no agreement, but the checks he wrote me said ''loan'' in the memo. I live in FL, he lives in PA. What can happen to me here?


Asked on 5/11/07, 11:27 pm

1 Answer from Attorneys

Matthew Weidner Matthew D. Weidner, P.A.

Re: I owe money!

I think your title says it all. You seem to acknowledge that you owe the money and his writing "loan" on the check would serve as some proof that both parties intended to have the sums paid back. What court the lender would need to pursue you in depends on where the money was lent to you, and if there was any other agreement when the loan or loans were made. Even if the transaction occurred up north, all the lender would need to do would be to file a suit up north, then serve you with the papers down here. If the money were lent down here, the lender could file suit down here. Whereever the lender might choose to proceed, (if they choose to proceed), it would be very difficult to collect the money. My advice to anyone in a dispute such as this is to try and work out some payment arrangement. Having said that, it is relatively difficult to prove that the money was actually given to you and what the terms, if any, of the repayment would be. If you wish to fight repayment, it would be relatively easy to fight.

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Answered on 5/12/07, 9:53 am


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