Legal Question in Credit and Debt Law in California
How do I collect money owed to me from my friend\room mate
How would i go about collecting money from my friend \roomate, he owes me over $4,500 and is currently
unemployed. It's annoying the hell out of me that he's not even looking for a job. So my question is can I make him sign an IOU and if he does sign it will it hold up in court. Any suggestions would be helpful....
Thank you in advance
2 Answers from Attorneys
Re: How do I collect money owed to me from my friend\room mate
Obviously, you cannot "force" your roomate to sign an IOU or a promissory note, but if you tell him that you will feel more secure, he might agree to sign such a document, which is evidence of his indebtedness. You could bring a lawsuit without such a writing, you could probably prove his indebtedness without it. You should learn that it is wise to get a writing at the time of making the loan, but not essential.
Re: How do I collect money owed to me from my friend\room mate
Obtaining a judgment and collecting on it are two different things. If you get an IOU and you sue and win... you are still in the same place, and out the filing fee for court.
With a judgment, you can garnish wages, bank accounts, seize cars, houses that are owned free and clear, take business proceeds, lottery winnings, etc. But in this case, I think you will have to be patient to get anything.