Legal Question in Civil Litigation in California
I loaned someone money and it has been over 1 year since the contract has expired. The contract was signed by both parties and there were witnesses, but was not notarized. There was also a property for collateral which he sold without our permission. What should I do legally to make sure he pays be back plus interest.
3 Answers from Attorneys
It does not matter that the signatures on the contract were not notarized. If you have a breach of written contract, you have up to 4 years to sue for the breach - measured from the date of the breach. You can sue for the amount due. You can also sue for interest IF the written contract provided so and for attorneys' fees IF the written contract provided so. If you sue and prevail, you can levy their bank account, place a lien on realty they own, garnish wages, etc. Many times after a demand letter from an attorney, the debtor will pay or enter into a settlement. Call an attorney to assist you. 949-481-6909.
Your use of the term "expire" confuses me. Do you mean that was the day he breached the contract by refusing to perform, the day that performance was due, or the day that the statute of limitations ran?
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