Legal Question in Civil Litigation in California

5 years or so ago, my wife decided to lend her best friend 20k to get out of foreclosure with the understanding that they would make the monthly payments. They made a few payments and then they completely stopped making payments and we were left with the entire bill. The husband of her best friend refuses to take responsibility and will not make any payments. We have been stuck making payments for the past few years. My wife did not get any signed agreements, but her friend will admit to us lending her the money and making payments. What options do we have in gettng our money back from these people? Do we have a case to take them to court and garnish her husbands wages?


Asked on 2/04/11, 8:39 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If the last payment was more than four years ago, the legal time limit has passed and you are out of luck. If you have no written evidence at all, which could include emails or cancelled checks, you would have only two years. Otherwise you should be able to sue them if, as you say, the friend will acknowledge the debt. If not, you might still be able to win your case; if you do, you could then possibly collect on your judgment via wage garnishment or other process.

Read more
Answered on 2/04/11, 9:48 am


Related Questions & Answers

More General Civil Litigation questions and answers in California