Legal Question in Credit and Debt Law in Nevada
Unpaid loan by friend
Approx. 2 yrs ago a friend borrowed a large sum of money telling me he was going to lose his home. I took $14,000. out of my 401K when he told me that he would get it back to me in 2 weeks. Since the time I lent him this money, he has only pd. back $l,000.00. I did get him to sign a note for the amount but he never seems to have any ''extra''. It is possible that within a short period of time, he may come into some money as the result of an inheritance. I need to get this money back. Any suggestions as to what I can do now to help me get back my money as I would like to be prepared if he does inherit some funds. Thank you very much! I am 60 1 years old and was counting on this for my retirement.
2 Answers from Attorneys
Re: Unpaid loan by friend
I cannot advise you in detail nor do I give specific advice through this service. If you lent this person money, and they have not paid you, you had an agreement (contract) which was not honored. A contract of this sort does give rise to a legal claim. However, you need to take action to enforce such a claim (i.e., bring a lawsuit). That your agreement was not in writing does NOT keep you from winning a case in Court (although it may make it harder to prove your case). You must also bring a case within the statute of limitations, which for general contract claims in Nevada is typically 4 years.
Re: Unpaid loan by friend
Have him agree to a stipulated judgment in Court so you can go after any inheritence.
JOEL SELIK
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