Legal Question in Civil Litigation in California

question about personal loan and small claims court.

In short, I loaned someone I trusted $4,000 on a personal check that had ''loan'' in the memo field..this person in turn wrote me a bad check in return to repay. Can this be considered a written agreement and can I sue this person in small claims court in Ca.? 2years and 2 months have passed.

Thank you!


Asked on 10/05/08, 12:19 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: question about personal loan and small claims court.

An oral agreement is enforceable. The check you wrote to him and his check to you corroborates the loan agreement. Also writing a check with insufficient funds is a crime and you can sue on the check itself.

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Answered on 10/10/08, 2:20 am


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