Legal Question in Civil Litigation in Massachusetts

Financial Matter

I Have loaned monies to a person in the sum of 7000.00, this money was supposed to be paid back in biweekly installments , some payments were made however the party is now refusing to pay back the balance of the loan , Can i legally take action to recover the rest on the money owed?


Asked on 1/18/07, 9:46 am

3 Answers from Attorneys

Nicole Reeves Lavallee Reeves Lavallee, P.C.

Re: Financial Matter

Do you any documentation or a contract stating that the money was a loan, even if it is on the memo section of a check? If so that you can sue based on that document. If there is no such documents then you will have problems establishing the amount owed. It can be established that there was a loan because of the partial repayment but the amount may be disputed.

If you have any questions please do not hesitate to contact me.

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Answered on 1/18/07, 11:13 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Financial Debt

You can sue in district court. You need to file a complaint, and serve a copy of the complaint with a summons on the person owning you money. If it is a business, you may have other options.

You can sue whether or not you have a written agreement. It is going to be harder to proove a debt without a written agreement, but not impossible.

You are welcome to contact me for assistance.

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Answered on 1/18/07, 11:28 am
Dmitry Lev The Lev Law Firm

Re: Financial Matter

If the amount is under $2,000, you can sue in small claims. If it is a little over $2,000, you can still sue for $2,000 in small claims. The filing fee is something like $40 and it will cost you about $60 more to have them served. You would get this money back if you win. If the amount is substantially more than $2,000, you can sue in District Court. It will cost you about $250 to file and have them served and you'd most likely need an attorney to take you through the matter.

Feel free to contact my office if you have additional questions.

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Answered on 1/18/07, 1:31 pm


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