Legal Question in Credit and Debt Law in California

Payment/Collection of Personal Loan inqury.

I made a $5000 personal loan to a friend, I would like to know what promissory note or legal document I can use to collect my money?


Asked on 11/24/01, 11:08 pm

4 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Payment/Collection of Personal Loan inqury.

If you loaned themoney on a verbal promise, you will need to show that you did give the money to the friend, that it was a loan, and that it has not been paid back, and it is due.

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Answered on 11/25/01, 12:03 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Payment/Collection of Personal Loan inqury.

Thanks for your posting.

In order to collect under a written contract or a promissory note, you should have had something signed by you and the other party before the money was lent. The chances of getting something signed now are pretty slim.

You may have, however, an oral contract which you may sue to collect on. You just need to have an attorney sue in the appropriate court, and serve the defendant, or take the process upon yourself to get the lawsuit started.

I highly recommend demanding payment first in writing.

Thanks again, and if you have any other questions or need more information, please feel free to call me at 1-877-568-2977 (toll free) or email me, and I'll help in any way that I can.

Robert Miller, Attorney at Law

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Answered on 11/26/01, 5:55 pm
Larry Rothman Larry Rothman & Associates

Re: Payment/Collection of Personal Loan inqury.

You should evidence the loan by a promissory note that contains a clause for the recovery of attorney fees if that is necessary.

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Answered on 12/09/01, 4:44 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Payment/Collection of Personal Loan inqury.

A promissory note is something that is signed before the loan. your question is unclear.

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Answered on 11/25/01, 4:18 am


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