Legal Question in Criminal Law in Illinois

Bailed friend out of jail and haven't been paid back

I bailed a friend of mine out of jail seven years ago, at a cost of $3,000, and he still hasn't paid me back, even though he makes good money now. Can I threaten him with a lawsuit. He did tell me I would get the money back. I have a record of the funds leaving my account on the day after he was arrested. Would I need anything else?


Asked on 1/25/02, 9:54 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Bailed friend out of jail and haven't been paid back

Generally, you would have the right to file suit based upon "money had and received" or in the alternative on the theory that you had an oral contract for the repayment of the money. Two possible problems may exist. If the Illinois Statute of Frauds requires such a contract to be in writing, then you would be out of luck. Also, if the statute of limitations has run, that is if you have waited to long to file suit, then again you would be out of luck. I do not know these statutes by heart and would have to do a little reading to be able to give you legal advice. For three thousand dollars, it may very well be worth consulting with an attorney of your choosing to find out for sure if you can file suit. Some attorneys may even take your case on a contingency fee. The attorney recieves a percentage, usually one third, of any amount recovered on your behalf. You pay the court costs and any other expenses in collecting the money. If you do not have an attorney, I may be able to help you. You may call me for a free telephone consultation at 314-727-2822. Good luck.

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Answered on 1/25/02, 10:12 pm


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