Legal Question in Family Law in California
When a person has made a personal loan to another ($35,000) and has it in writing and a default takes place, what forms should be sent to the debtor to start the collection process ? Thankyou!
Tim
1 Answer from Attorneys
There are not any specific forms unless you want to file a lawsuit to collect the debt. If you want to take steps to collect short of filing a law suit, or before filing to see if filing will not be necessary, you generally write letters, call, even personally vist the debtor. Just make sure you don't violate the fair debt collection practices laws in the process. You may also find a collection agency willing to take over collection in exchange for a share of any collections.
If you do want to file suit, the judicial counsel website has all the standard forms approved for use in all California courts. www.courtinfo.ca.gov and click on "forms." If it really is a simple collection action, with no defenses or complications, you can probably find an attorney who will take the case at a reasonable fee.