Legal Question in Civil Litigation in California

Re: Personal Money Situation

The fact that you're asking lawyers what to do suggests that you probably know the answer - you have to sue your "friend." You could try to negotiate a settlement, but that's pretty tough if he won't return your calls.

If the amount is "huge," as you say, you will probably want a lawyer. Sometimes just having a lawyer write a demand letter gets results. When that fails, though, you have little choice but to sue.

Keep in mind that lawyers are expensive and that most will not accept a contingent-fee arrangement if the defendant seems unlikely to be able to satisfy any judgment you might obtain.

Re: Personal Money Situation

If the "huge" amount of the loan is less than $10,000,

you might consider suing your "friend" in small claims

court. The limit on recovery in small claims court

is $5,000, but it's hard to sue someone outside of small

claims court for less than $10,000 without spending most

of the difference on attorneys' fees and costs.

Re: Personal Money Situation

Depending on the amount that he owes you, you can either sue hims in small claims court or Muncipal Court. In small claims there are no lawyers and your limit is $5,000, Were as in Municipal Court you may have an attorney and the limit is $25,000. Additionally, in either court you can ask for interest at the rate of 10% per year from the date that you loaned him the money. Do you have a written contract with him? If you only have an oral contract that he will pay you back then that should still hold up in court. If you have any questions about filing a lawsuit in these courts please feel free to contact my office at 888-563-8529.

John