Legal Question in Civil Litigation in California

Repayment of loan by a private party

I loaned a friend $5000 in March of 2002. He drew up a repayment schedule. He made his first repayment in April of 2002 for $1000. That check bounced (which I still have possession of). He then sent me a cashiers check for $1000 in June of 2002. I was just informed that he died on July 27, 2002. The outstanding balance is $4000.

While of course I am trying to deal with his death, I am also wondering if I have any legal recourse against his estate for the remainder of the money he owes me, if I have a time frame in which to submit a claim against his estate (and more personally, if I should wait until it is more ''appropriate'' to approach the family), and if I should try to process the bounced check dated 4-27-02 again in case his bank account is still open and atleast get that $1000 credited towards what he owes me (if there are sufficient funds at this time to cover that check now). I would appreciate advice on these 3 questions - If I have legal recourse to collect the remaining $4000, what time frame is there, and if I should try cashing the bounced check again.

Thank-you


Asked on 8/03/02, 10:15 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Repayment of loan by a private party

A claim against the estate can be filed, if there IS an estate being probated, if he had any assets. IF no probate proceding is being conducted, then you will have to settle with or sue the heirs. Call to discuss if interested. 714-960-7584

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Answered on 8/05/02, 2:07 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Repayment of loan by a private party

If an estate has been opened, you can file a creditors claim for the amount due. If no estate, then you will have to sue the heirs etc.

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Answered on 8/04/02, 3:10 pm


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