Legal Question in Credit and Debt Law in Alaska

Retreving money loaned (Personal) to a ex-friend

I loaned money to a Ex-friend, by check and on the face of the check in the remarks I wrote the words: Loan. To ensure anyone reviewing the check clearly understands it was a loan. The indivual is and have not returned the money on the agreed upon date. And has stated to others thay beat Me out of the money. The amount is $300 Dollars. Please help.


Asked on 7/22/03, 1:31 pm

1 Answer from Attorneys
James Szender Law Office of James R. Szender

Re: Retreving money loaned (Personal) to a ex-friend

Your friend clearly owes you the money but apparently doesn't think you will go to the trouble to force him to pay it back. To enforce this claim, you should go to the nearest State Courthouse and ask the Clerk for a Small Claims Packet. It will contain an instruction manual and all of the forms you will need to sue your ex-friend in Small Claims Court. The cancelled check alone should be sufficient evidence to prove the loan, and you can testify that it was never repaid. Unless the defendant has some defense you haven't mentioned, you should win a judgment for the amount of the loan, plus costs of suit and interest.

Once you have a judgment, the easiest way to collect it is usually to ask to have it taken out of his next PFD. The clerk will have the instructions and forms for that, too.

Good luck.

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Answered on 7/23/03, 5:08 am


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