Legal Question in Credit and Debt Law in Louisiana

Several months ago a friend asked via e-mail for a loan to help pay the repair/mortage of their fire damaged rental house as to get it back on the market for rental. I loaned this money and subsequently several more months of money as to cover their rental house mortgage while it was being repaired. Each check to the person has the words loan and due date (e.g. "six month loan") written on the check. I have copies of all the cashed checks from my bank statements. I also have an e-mail trail of the request for the loan and subsequest mortgage discussion. The person has now fallen silent, will not return phone calls, nor has made any attempt to repay the loans. Furthermore, I also understand they have significant credit card debt and also may be default on the personal residence mortgage. I fear they may declare personal bankruptcy. What can I do? Can a private person like myself put a lien on the rental property? Will my loan to them be wiped out if they declare bankruptcy? I have not charged or requested a penny of interest and now feel they have completely used me.


Asked on 3/06/10, 10:43 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

You can put a lien on their property......and yes, they probably can wipe your loan in bankruptcy. And lastly, I do not know if they used you, but it looks like they can't pay you back.

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Answered on 3/16/10, 3:43 pm


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