Legal Question in Business Law in California

there is a car that has been sold to a friend, she didnt fullfil the amount that we agreed on, she left a small amount that she is refusing to pay. I made her sign on a paper that she will pay me on a certain day and if she doesnt she will be subject to penalties. She didnt fullfil what she signed on that paper and she didnt pay on time. I what to charge her a penalty. I what legal process should I take??


Asked on 12/01/09, 9:24 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You could file a small claims lawsuit, and ask the court to assess 10% annual statutory interest from the date the payment was due.

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Answered on 12/06/09, 9:38 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

How much is at stake, and how much time and energy do you have to devote to pursuing your claim? What value is the friendship?

I'd advise investing in a $20 paperback on how to file and win your claim in California small-claims court. Keep in mind while reading (or skimming) the book that probably more than half of successful small-claims plaintiffs never collect a dime. This is for many reasons, including that the defendants skip town, or are broke anyway, or the winning plaintiff lacks the energy and drive to pick up and use the collection tools the law provides.

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Answered on 12/06/09, 10:13 pm


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