Legal Question in Civil Litigation in Illinois
Collection of a personal loan
I am the individual that gave someone else a personal loan and has yet to repay and I believe I am going to need to take legal action, not able to contact debtor. What type of suit do I file and in what court? The loan is over $10,000. I have tried to do research, but it all seems to be directed toward the person owing the debt not the one trying to collect. Other advice?
2 Answers from Attorneys
Re: Collection of a personal loan
Your claim is too high for small claims. You will have to contact your local court to see what division you will need to file in.
You should probably hire an attorney if that much money is involved. Depending on the circumstances, you may be able to recover your attorney fees from the defendant. Good luck.
Re: Collection of a personal loan
Do you have anything in writing that will show the money you gave and that the fact that it was a loan and further the recipient had agreed to repay it?
If not, you will have an uphill battle to prove your case in court. Perhaps even you are facing an impossible task.
if yes, then you will have to file a lawsuit for breach of contract. Attach the writing that shows the agreement between the two of you and ask for the principle, interest and court costs.
I hope this helps,
Taradji Law Offices