Legal Question in Civil Litigation in Georgia

I loaned (payable by check) a friend $5000 to jump start her business. We had a written agreement stating the terms of repayment, however, I lost that agreement while moving. But I do have the copy of the check. She hasn't paid me back and it appears, through the web, and other social internet sites, that her business has taken off. We entered this agreement in Feb 2007, and every time I mentioned this to her, she kept putting me off, telling me things like "next month" and I'm working on something big". Im ready to pursue this legally as I've not been able to reach her in over 6 months. Can you help? Is there any recourse? $5000 is a lot of money, especially in this economy.


Asked on 11/21/09, 3:08 pm

2 Answers from Attorneys
Paula McGill Paula McGill Attorney at Law

You can sue her in small claims court. Although you lost the agreement, you have evidence through your check. Also, if you have e-mails or texts where she admits to the loan, you can use that in court.

Also licensed and practicing in the Atlanta Metro area

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Answered on 11/26/09, 4:26 pm
Charles W. Field Charles W. Field, Attorney at Law

If you know where she lives, you can sue her in small claims court in the county of her residence. Your problem is going to be proving it was a loan as opposed to a gift. Ask around; see if she told anybody that she was able to get the business going because of a LOAN from you. Also, you can take a witness with you (if you can confront her in person) who can testify that she spoke in terms of a loan repayment rather than a gift.

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Answered on 11/26/09, 4:29 pm


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