Legal Question in Credit and Debt Law in Massachusetts
Money Woes
I loaned a friend $8500.00 last year and they promised to pay me back but they still have made no effort to do so. Is there a legal way to get them to give me back my money back?
4 Answers from Attorneys
Re: Money Woes
Yes, bring an action in district court based on breach of contract and/or unjust enrichment.
Re: Money Woes
Did your friend sign a promissory note or is there any other written evidence of the loan - even a check or e-mail or note thanking you for it?
If you can, get your friend to sign a promissory note. Perhaps your friend would even agree to structured payments over time.
My office can help you prepare a promissory note and enforce its terms. You can also make a written demand for payment and then bring suit in either small claims or the district court.
: Money Woes
For this amount, you need to file a complaint in district court.
If you have any more questions, contact me.
Re: Money Woes
Assuming the debtor has the ability to repay, there are several routes to go on issues like this depending, in part, upon whether you have the agreement to repay in writing, or favorable evidence of an agreement to repay.
The best approach to collecting on a settlement amount or an agreement for periodic repayments (until the debt is satisfied), is to secure the agreement/payments somehow. This way, you have leverage if they fail to honor the agreement or make every required payment.
I use some ususual and highly effective ways of securing repayment agreements. Feel free to contact me if you are interested in pursuing effective repayment efforts.