Legal Question in Credit and Debt Law in Illinois

I appreciate the attorneys that have responded to my situation as noted below. My last question is if I shall respond to the demand letter whether by letter or telephone call to Japan? Is it advisable to ignore the demand? Thank you again for your advice!

"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."


Asked on 4/08/12, 10:12 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

An attorney in Japan can not file suit in Illinois unless he is licensed to practice in Illinois. They will argue the check is evidence of the loan. Are you going to deny, under oath, that you borrowed the money? If you answer the complaint truthfully, they do not have to come in to testify. But there are no interest terms. Let them get a judgment, you are judgment proof. they can take nothing from you.

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Answered on 4/24/12, 1:07 pm


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