Legal Question in Civil Litigation in California
Need to collect loan made to friend; Oral Agreement
A (former at this point) friend owes me an amount of money, and is keeping posession of a number of my personal belongings. Is there any way for me to collect on this? Also, they have moved and I do not know the new address or a telephone number, would there be a way for me to receive this information through the courts?
2 Answers from Attorneys
Re: Need to collect loan made to friend; Oral Agreement
Thanks for your posting. If you are going to sue on an oral agreement, you have one year from the date of the breach of the agreement to do so. You may be able to get the value of your belongings as well as the value of the loan, plus whatever interest was agreed upon. You may not get attorneys fees unless there was an agreement to do so, which is unlikely.
There are ways to get the new address and telephone number of this person, but not through the courts. Most attorneys use an investigative service, or you might be able to get that information through the post office.
Best of luck, and if you need any further questions answered or any help, please don't hesitate to email.
Re: Need to collect loan made to friend; Oral Agreement
The statute of limitations for breach of an oral contract is 2 years, not 1 year.
You can try tracking down your friend first by using a search engine like www.google.com. If that doesn't work, you need to pay an investigator to perform a "skip trace" to see what his new address is.
Let me know if I can be of further assistance.