Legal Question in Credit and Debt Law in California
friend having trouble with borrower
A friend of mine took an FHA loan out and gave the money to her friend. She DID get a signed document of repayment from her friend. Her friend now says that she must take her to court to get her money back - what are her rights? what court should she address?
2 Answers from Attorneys
Re: friend having trouble with borrower
She has the right to do as her friend commands--file a lawsuit. She might have a cause of action for fraud, in which case she would be entitled to punitive damages. She can sue her friend where the money was loaned or where her friend resides.
Re: friend having trouble with borrower
She needs to take her court. If it is under $7,500, then it is small claims court.
If it is over $7,500, it would be a Superior Court case, either limited civil (under $25,000) or unlimited (over $25,000). For that, your friend should have an attorney.
If it is a small claims court case, you can get my FREE book on small claims court by emailing me at [email protected]
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