Legal Question in Administrative Law in Massachusetts

Personal loan to a friend

Hello, I let a friend borrow some money a few months ago with a verbal agreement of full payment with in 2 weeks. I have received little payment back & was told because I did not write loan on the check I could not take legal action. What can I do?


Asked on 12/26/07, 10:54 am

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Personal loan to a friend

If the amount is within the Small Claim limits, file a Small Claim for "money had and received to the use of the plaintiff." This is a very old cause of action, still alive today, which essentially says that he must pay up. "To the use of the plaintiff" is an old-fashioned way of saying, "He/she used me unfairly," or even "I am being unfairly screwed." You might NOT want to state my second interpretation out loud in court, though.

I wish you the best of luck.

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Answered on 12/26/07, 12:26 pm


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