Legal Question in Credit and Debt Law in California
How to collect money that a coworker borrowed.
A coworker needed money $2,000, to repair her car. I offered to lend her the money and she promised to pay it back the following month - by the end of June 2004. She sent me an email confirming her promise to pay the entire amount. We do not have any other written agreement, only the emails where she is promising to make payments. I have not received any payments. I have sent her numerous emails and left many voice messages (she would not return my calls). She knew that I needed the money desparately for my parents who were very ill. She sent an email recently explaining that she has had some wage garnishments but she would make a payment by July 15th. Today is July 20th and still no payment. The problem is, she is in Southern California, I am in Northern California. How do I go about collecting the money? Is small claims court the answer? Which county would I have to file?
3 Answers from Attorneys
Re: How to collect money that a coworker borrowed.
Small claims court is the answer. You will probably need to file in the county in which your co-worker resides, unless you can show that at the time of the promise to repay, she was in the county in which you reside.
Re: How to collect money that a coworker borrowed.
Payment was due in your county. Payment wasn't made, so the breach occurred in your county. Sue her in your county.
Re: How to collect money that a coworker borrowed.
Small Claims court is definitely the answer, but with Small Claims, or any other court action, you will have to sue her in the jurisdiction where the contract was made, or she resides. In a Small Claims matter there are no attorneys, and you can sue up to a maximum of $5,000.00. You will recover a judgment for your principal and costs. The real question, however, is does she have the money to pay you. If not, you simply have accomplished receiving a paper that says she owes you the money. Make sure you can satisfy the judgment before going through all of this.
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