Legal Question in Civil Litigation in Georgia

Money Owed from (Friend?)

Back on Jan. 1/01 a good friend of mine quit his place of employment-me being in the position to help him out with his money needs-I agreed to loan him with no interest money on a weekly stipend for auto payments/rent and general living expenses-this was after loaning him and his live in friend 400.00 in nov.00 while they where on vacation in new orleans and lost a wallet containing all access to any funds.

the total that i have loaned to this person amounts to 2260.00 as of 23 may 01. I have given this friend a verbal request to have these funds paid back to me no later then 1st Aug 01-in a lump sum payment-this was the original verbal agreement-I have reminded this friend of the due date on the repayment of this loan and he has failed to indicate to me firmly that the funds will be in my possession by this date. Should I now write him a letter indicating I need a firm commitment for the lump sum

re-payment of the 2260.00 by 1st aug 01 or contact a lawyer to contact him regarding

the funds owed?


Asked on 5/23/01, 11:55 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Money Owed from (Friend?)

I have not done the WestLaw Research on this one, but my recollection is that you are locked in to a resolution based on "oral" promises. That is, there are no writings you can look to for the terms of this loan. Your proof is the evidence of the money loaned (or your testimony about same) and Georgia law for the terms of repayment.

Once you make an oral or written demand for payment, that is a demand. It is unclear to me whether the debtor's could enforce your promise to delay the enforement of collection to august 2001, since no consideration was paid for that part of the loan.

I think that if you make a written demand and they still do not pay you, you should simply file a lawsuit in Magistrate Court, against everyone who owes you the $, for all amounts owed, plus interest. Jurisdiction in Small Claims in GA is now $15,000.00, so you have plenty of jurisdiction. If they still don't pay, you will eventually get a civil judgment against them which can be recorded on the GED and use to garnish their wages -- if they have any. Good Luck.

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Answered on 6/25/01, 1:41 pm


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