Legal Question in Credit and Debt Law in Illinois
I asked for a $20,000 loan from a friend in Japan approximately two years ago. I live in the Chicago area. Via telephone, I told my friend that I will try to return the money by making small monthly payments when my financial situation improves. My situation has not improved as I am on disability and I do not have any funds or assets to offer my friend as repayment. I just received a "demand letter" in Japanese today. My friend says she will sue if I do not offer any response. I understand that an attorney in Japan can file suit in Civil Court in Illinois. Will the attorney and my friend really travel all the way from Japan to be in court and sue me? Can I be sued? There is no written IOU or promissory note.
3 Answers from Attorneys
They will hire a local attorney to sue you if they need to. Yes you can be sued; if you are just friends the presumption is that money given from one person to another is a loan, NOT a gift. They may not be able to prove any interest rate, but if they can prove the transfer of funds was a loan (and this can be done by written affidavits too even if you deny it), they can sue you without ever having to appear in court. But you say they will sue "if I do not offer any response" - so what does that mean -- respond with SOME money, or just something confirming the loan. You may be able to prevent a lawsuit if you are willing to sign a promissory note that would have an interest rate and other terms, but then you are absolutely locking yourself in and if you still don't pay per the written note, can be sued on it and could cost you more!
if you own nothing and are on;ly receiving SSD, then you have nothing they can take. Unless you lie, you admit it was a loan and you owe the money. Butr if you are unable to pay it, your SSD is exempt and can not be seized to pay the loan.