Legal Question in Civil Litigation in Massachusetts

loan

I met a dear friend who had lost her job and been threatened with

eviction as she was two weeks behind in her rent. I offered to lend

her $1500, hoping that she would have time to find a job and help

her back on her feet. She accepted, and wrote me an IOU.

Ultimately she was unable to improve her situation, and within a

month I discovered that she was broke again, and hadn't eaten in

three days (so she told me). I treated her to dinner in the best

steakhouse I know, and offered to lend her more money. I helped

her out on two further occasions, and eventually she found herself

working abroad earning a tax-free income. Conveniently for her,

and to her shame, she decided to go awol on me and I haven't

heard from her in six months. All told, I loaned her $8000, and I

have four handwritten IOUs promising me her Mercedes as

colateral. I know, I'm dumb, but I have a soft heart, and I never

regret helping people. I fear that her main problem may be mental

illness and paranoia. If she had given me the occasional

reassurance that I'm not being stiffed, maybe then I would show

her mercy. But her silence has enraged me, and now I intend

dragging her into court and letting a judge decide upon her fate.


Asked on 11/17/04, 9:58 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: loan

This web page is to provide you with information: This obligation needs to be proven in district court, and be separated from a potential argument that it was a gift. The first major problem is that she has moved out of the state, and you will have to serve her with a summons. The next is that if you can serve her, and if she answers, and if you get a judgment, whether you can enforce the judgment and get some or all of your money back.

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Answered on 11/19/04, 7:02 pm

Re: loan

Attorney James P. Hall from our office will speak with you regarding this matter. You may tecall him at (978) 250-4255. There is no cost for the consultation.

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Answered on 11/19/04, 10:15 am


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