Legal Question in Credit and Debt Law in Alabama
I loaned $5000.00. I have collected $3100.00 but the one I loaned the money to refuses to pay the other $1900.00. How do I proceed to collect on a personal loan and make them liable for the attorney and court cost fees?
1 Answer from Attorneys
This is a very long process. However, the long and short of it is you will have to take him to small claims court. You do not need an attorney for this, however it may be useful in recovering the funds. After you have a judgment entered in small claims court, you must find property that person has or a place where they are employed. From there you will file a form call "Process of Garnishment" for wages or a "Writ of Execution" for property with copies of the judgment. You should then have the sheriff execute on the property or serve the garnishment. From there you will either get the proceeds of the sale of property or part of the wages that this person receives by garnishment.