Legal Question in Credit and Debt Law in California
Advice on collecting a $3,494 debt from an ex-girlfriend...
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What is the name of your state (only U.S. law)? California
On March 11, 2011, I provided my girlfriend (now an ex) with (2) loans. One to help her pay her rent for her and her kids and one to help her with her growing problem of Ameriloans, etc. that she had growing...a result of her supposedly being hospitalized.
The loan was verbal, with no written document created except for me creating an excel spreadsheet of her loan to repay. My proof that there is a loan out taken by her from me is on 2 of the 3 checks she gave me, it says "loan repay". Other than that I have nothing but her perhaps repaying those loan companies supposedly when she received my money.
We broke up at the end of July and it has been 3 months since I have received anything from her.
I know that this will take having to go to Small Claims court but everyone knows that you can still lose no matter how right you are. I have prepared a loan payment default letter but have not sent it because it is not credible without the letterhead of an attorney. I pasted a copy of this letter here for further reference.
I was hoping to get advice on this matter regarding documents I may have overlooked or ways of collecting this legally.
Thank you for your help.What is the name of your state (only U.S. law)?
Her Name
Her address
Dear creditees name here,
Loan of $3,494.67.
Loan dated March 11, 2011
We refer to the above matter.
As you are aware, we had granted to you a loan in the sum of $3,494.67 at your request subject to and upon the terms and conditions of repayment dated March 11, 2011 made between you and ourselves.
It was on the terms that you are to pay the full amount of the loan in a timely manner (expedited by present circumstances) . Despite our repeated requests for payment, you have failed and/or neglected to pay the said loan and/or any part thereof to us.
Since you have breached the terms of repayment, please be informed that this Agreement has been terminated and we hereby demand from you the full amount of the loan in the sum of $3,494.67.
TAKE NOTICE that in the event the full amount of the loan is not received within NINETY (90) DAYS from the date hereof, we will not hesitate to commence legal proceedings against you for recovery of the same. In such instance, you will be further liable for costs and expenses incurred thereon.
TAKE FURTHER NOTICE that in the event only partial repayment is tendered by you, such partial payment will be accepted strictly on a without prejudice basis to our full right of claim against you.
Yours sincerely,
MY NAME
October DATE, 2011
1 Answer from Attorneys
You don't need a written contract to establish that she owes you. If you can prove that money went from you to her (which can be presumed from what you say, but wasn't clear) and that she considered it a loan (clear from the fact that she made "loan repayments.") that should be enough to win.
The demand letter you drafted looks fine. Except I'd give her an opportunity to bring the loan current under whatever payments terms there were -- within 10 days, and if not, the full amount is due. And then, if she hasn't reinstated the loan, just file a suit then.
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