Legal Question in Credit and Debt Law in New Jersey

A friend not paying the money he borrowed from me.

Greetings ALL,

A friend of mine had borrowed money/cash from me for which he later on gave me a hand-written note along with his signature stating the amount he had taken from me. He's now claiming he does not have any money and that he wont pay back the sum he brought from me. Can I do anything with just the hand-written note or how else can I get my money back? Any thoughts/ideas helping me get back the money will be of great help.


Asked on 4/17/02, 8:59 am

3 Answers from Attorneys

Ryan Dornish Ryan A. Dornish, Attorney At Law

Re: A friend not paying the money he borrowed from me.

Please be advised that I have been retained to represent you and I am basing this response on the limited information supplied. If you have a written and signed note, you have evidence that your friend borrowed and now owes money. If the sum is small, it is not worth hiring an attorney and you could file a claim on you own in small claims court. If the sum is substantial, you may have to file in the Superior Court and then it may be worth hiring an attorney for assistance. The Court may issue a decree demanding your friend to pay. Another avenue to pursue may be to go the courthouse and file a lien on your friends property for unpaid debts. Liens are very easy to file and then at any future time when your friend decides to sell the property with the lien, he will not be able to do so without paying the debt and releasing the lien. Again it is a question of how much money is at stake and I cannot properly advise you without knowing all of the fact. If you wish to speak with me further, I can be reached at 908-537-7975.

GOOD LUCK!

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Answered on 4/27/02, 6:34 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Proving a debt

The handwritten note is evidence of the debt. Depending on the amount owed, you could file a claim against him in the Small Claims Court and a judge would decide the case based on the evidence provided to him, that being your testimony, your former friend's testimony and the written note. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner

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Answered on 4/17/02, 10:25 am
Stuart G. Brecher Law Offices of Stuart G. Brecher, LLC

Re: A friend not paying the money he borrowed from me.

Based on the little information you have furnished, you might consider suing him for failure to repay a loan in the Superior Court of NJ. It's your word and the written document that would support your claim, and you have the burden of proof.

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Answered on 4/17/02, 11:26 am


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