Legal Question in Credit and Debt Law in California
the man that assisted me on the re-finance and mortgage of my house borrowed 17,000.00 immediately after a re-finance. Because he was the boy friend of my best friend,I lend him the money, he told me he will pay within three months. It has been a year and half, and he has only paid me back 2,000.00.
How can collect my money from him?
He signed a contract with a public notary, it has the seal or stamp, I believed it was real, I showed it to a lawyer, he said it is not good. It was written wrong
I would like to collect my money back, how can I do this.?
Needles to say that I have spoken to them, my girl married him and has promised that he will pay back, but it is only their promises. Both they have houses and two cars, she has full time position with the county library.
Is there a collection agency I can use or should I take them to court?
if so. would it be small claims court?
Thank you for your advice.
1 Answer from Attorneys
Unfortunately you will have to sue them in Superior Court Limited Jurisdiction if you want to get more than $5000.00. Don't use a collection agency, hire a lawyer that will take your case on a contingent or percentage fee basis. First I would try to talk to him and tell him that you need to work something out or you will have to turn it over to a lawyer. Depending on whether or not he had some kind of license he may have violated some laws which would give you some added leverage for him to settle. If you settle get an agreement in writing and have a lawyer check it over first so you don't make any mistakes. I would suggest having him stipulate to a judgment and you agree not to file it unless he fails to make the agreed upon payments.
If you have any further questions give us a call or send an e-mail.
Hope that helps and best of luck to you
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