Legal Question in Civil Litigation in California
breech of contract
How can I collect on a personal business loan (notarized written contract, signed by both parties)when I can not afford an attorney? I believe this person currently resides and works in another county. How do I go about collecting this debt? Any legal advice or information would be greatly appreciated. Thank you.
3 Answers from Attorneys
Re: breech of contract
If the contract does not exceed $5,000, you can bring a small claims case against the other party. Once you get a judgment, a collector could help you secure payment.
Re: breech of contract
Well, you might be able to find an attorney willing to handle the lawsuit on a contigent fee basis. The problem you are going to have is locating and serving the defendant. A judgment from California can only be enforced in California. And if the person lives in another country, chances are you will need to comply wiht the Hague Convention or other applicable law to legally serve the person in the foreign country.
Once you have served the person and obtained a judgment, you may need to register the California judgment in the foreign country. You task sounds nearly impossible WITHOUT the assistance of legal counsel.
In my opinion, it is at least worth the free 30-minute consulation when you usually get with a lawyer from the lawyer referral service for your local county bar association. Maybe you CAN afford an attorney.
Re: breech of contract
Does your agreement provide for the recovery of attorney's fees in the event a lawsuit is filed? How much is owed? Perhaps a lawyer would be interested on taking your case on a contingency (which means you don't pay unless the attorney collects). We would be interested in taking your case on a contingency depending on the amount owed and the defendant.