Legal Question in Civil Litigation in California
Money loaned
What can Ido? Its been several years.What is my recourse? He has promised to pay back in 2yrs. now its going on the 3rd year. We signed papers,but never notorized.
5 Answers from Attorneys
Re: Money loaned
The only thing you can do is sue. It's obvious he is not paying. Nothing short of a lawsuit will likely do anything. The lack of notary acknowledgment shouldn't be a problem. If the amount is less than $7,500, you should consider filing a small claims lawsuit. They are inexpensive and easy to file. If the loan amount is greater than that, feel free to contact our office by phone or email for help. We have handled several cases involving nonpayment of money owed. How much is owed? Does your agreement provide that attorney's fees are recoverable?
Re: Money loaned
A demand letter should be sent and then a lawsuit can be filed. We can assist you or explain the process to you should you need further information.
Re: Money loaned
If you have a signed agreement, you have four years from the breach to file a lawsuit. Once you obtain a judgment, you can hire a collection attorney to assist in recovering your judgment.
Re: Money loaned
You have 4 years to file a lawsuit against this individual. I recommend you do an asst search to find out if he has any assets/job/bank account. Call us at 213.388.7070 for a free consultation.
Re: Money loaned
Hello, please provide more detail - how much money was loaned? What city/county was the agreement made in? What was the loan for?
Let me know, and I will follow up.
Arkady