Legal Question in Credit and Debt Law in Illinois

Uncollected debt

A friend of mine borrowed a couple of thousands of dollars a couple of years ago, and she's taking her sweet time. I do have a document stating the she borrowed the money, and the document is singed both by her and me. All of the conventional attempts to collect the debt have failed, and I'd like to take her to court. The problem is, that I've been cashing her check meanwhile, and I'm afraid that she will turn that against me. The checks were made out to her name, signed by her, then signed by me, and then cashed by me against my bank account. Can she present those checks as evidence of payments?


Asked on 10/20/08, 11:46 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Uncollected debt

I fail to see the problem. If she borrowed $5,000, then paid you $2,000, you sue her for $3,000. She can, and should, show those checks as evidence of payment. If she has made payments, and you sue her for the entire amount she borrowed, you could find yourself in more hot water than you can imagine.

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Answered on 10/21/08, 9:24 am


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