Legal Question in Credit and Debt Law in California
collecting undocumented overdue debt
An ex-friend borrowed 10,000 but we didn't have any signed documents. He only paid
once for $421.00 (cashiers check) and would not pay again. After a few phone calls I made in his office, he goes and seeks legal help to claim harrashment against me.
The money I lent him was used to puchase a boat and my question is how do I collect
without signed documentation except our email exchanges where he declared his payment plans and the copies of the cashiers check I sent to the company that helped him in the boat purchase.
Can I put a lein on his boat and if so, what documentation would be required from me?
I would greatly appreciate some help as matters are getting worst.
Thanks.
2 Answers from Attorneys
Re: collecting undocumented overdue debt
You have a problem. You should consider getting an attorney.
It is too late to get a lien, unless your 'friend' agrees. You may be able to get a judgment against him by suing him, however, it will not necessarily be easy. The law presumes that if you are going to loan that much money and expect to get repaid that you protect yourself with the proper writings. There is no always legal protection for foolish mistakes. However, a competent attorney should be able to help if you have some collateral evidence, such as the cashiers check. Hopefully there are one or more witnesses who were present when you loaned the money who can testify that he promised to repay you. If not, perhaps he told one of his friends that he borrowed the money. Ultimately if you want to be sure of getting your money, hire a lawyer.
Re: collecting undocumented overdue debt
The only way to collect is to file a lawsuit against him. it does not matter that it was not in writting.
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