Legal Question in Civil Litigation in California
Delay in Promise to Pay ($95K)
What legal recourse can I take?
Promise to pay is in November, totaling over $95K. As of 11/06/06, he is indicating that that may not happen. I'm tired of accepting the delays on promise to pay.
6 Answers from Attorneys
Re: Delay in Promise to Pay ($95K)
Need more facts as whether or not there was consideration for the promise. Call me directly at 16192223504.
Re: Delay in Promise to Pay ($95K)
If this is a personal or consumer debt, a lawsuit can be filed. If this money was used for business purposes, a lawsuit should be filed and pre-judgment pursued. If there is security for this loan, then a foreclosure may be the best method. Please call me if you have any other questions.
Re: Delay in Promise to Pay ($95K)
You may have the ability to sue to recover the amount owed you, but it depends on many factors. Is there an agreement in writing between you and the debtor? What did you provide the debtor in return for the $95K (is this a loan?) You will need to provide more information before anyone can give you an answer.
I specialize in collection of unpaid debts. If you would like to discuss this further, feel free to contact me.
Re: Delay in Promise to Pay ($95K)
November is not over yet. If you loaned this person money and they agreed to pay you in November, you have to wait until the month is up before you can take any legal action. He may be able to pay you before the month is over.
Re: Delay in Promise to Pay ($95K)
Assuming the entire amount is due (or if in installments, then that there is a note with an acceleration provision), then you can sue as soon as the money is due. No need to wait.
If the debt meets certain requirements, you might be able to obtain a writ of attachment, a pre-judgment remedy permitting you to seize assets without judgment.
We are judgment collection specialists, so if you need help, call or email.
Good luck.
***No Legal Services or Attorney Client Relationship - Although this email may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this email as a source of legal advice. Until a formal Retainer Agreement is executed, any communication between you and The Guerrini Law Firm cannot create any attorney-client relationship between you and The Guerrini Law Firm.***
Re: Delay in Promise to Pay ($95K)
You can file a lawsuit, if the money is already due. You can have an attorney 'clarify' your position and encourage payment, prior to actually filing. Feel free to contact me if seriously interested in pursuing this.