Legal Question in Civil Litigation in California

Re: personal loan to a business

Yes, under any of the following legally recognized theories: (1) implied contract, (2) account stated, (3) money had & received, or (4) money lent.

Re: personal loan to a business

Yes. The lack of a written agreement might make it harder to prove your case, but it will not prevent you from suing. Of course, you must still file within the limitations period and meet all other procedural requirements. There may be some other reason why your suit would fail, but the lack of a written agreement should not doom your case.

Re: personal loan to a business

If you're lucky that they don't go out of business, and if you can prove the loan, sure. Get a local attorney to do so to minimize the chance of losing.

Re: personal loan to a business

Yes, you can still file suit and pursue recovery of the money that you lent.

The lack of a written agreement is not likely to be fatal. Also, it is unlikely that the company would prevail in arguing that the loan was really a "gift". However, if they are not making payments there are several other arguments that they might make including reimbursement of expenses, set off for overpayments, etc.

You name it, they'll argue it at this point.

Of course, one of the more important aspects of this is whether you can actually collect on a judgment. The fact that they had to borrow this amount of money from you in the first place raises questions about whether they will be able to pay a judgment.

Let me know if you want to talk about this.

Caleb