Legal Question in Civil Litigation in New Jersey
Dear Sir/Madam
Hi my name is Patricia I am hoping you can answer a few questions for me in 2005 I loaned a friend a total of $48 thousand dollars (yeah I know I�m an idiot) with loaning this money I also wrote up an agreement detailing what the money was for and a promise to pay back within 3 years. This agreement was signed by both of us & I had 3 witness�s also sign the agreements (1 for him 1 for myself) I then made copies of my agreement & gave a copy to each of the witness�s In 2006 my house burnt down & I lost everything he knew I lost everything in the fire. In 2008 he gets engaged (now married) his 3 years are up I start asking him for the money low & behold they both start sending me txt msg�s saying I will never see a dime of that money as far as they are concerned he never borrowed any money from me & I can�t prove that he did cause I no longer had my copy of the original agreement and the courts won�t except copies So here�s my question I don�t have the original copy but I do have 3 witnesses who signed the originals txt msg�s of him admitting he borrowed the money txt msg�s of them both telling me I won�t see a dime of my money txt msg�s & e-mails of them saying I never loaned him any money & e-mails of them telling to go after his ex wife cause she�s the one who has extorted thousands from few other people (they were divorced for 3 years already living in separate homes in different towns she had nothing to do with it) & last my checks with his signature will I still be able to take him to court for the money with what I do have or am I out of luck (screwed)
I would like to thank you in advance for taking the time to answer my questions
Just in case it matters I live in NJ
Thank You
Patricia E.
5 Answers from Attorneys
The testimony of the witnesses and a copy of the agreement will suffice.
There are no guarantees, but I can probably help. The lack of an orignial document should not be a bar to recovery under the circumstances that you describe. Save everything that you have including copies of the text messages. Ask your witnesses to look for their copies of the documents. Call me next week and we can discuss how to get some money for you.
See also: http://info.corbettlaw.net/lawguru.htm
There are a numerous ways to prove your case. You should without hesitation file a lawsuit. If you choose to hire an attorney, have a lengthy discussion regarding fees. Although it appears that you have a good chance of winning the case, that doesn't always result in you collecting the money you are owed. You do not want to throw good money after bad, win the battle and lose the war. A paper judgement will not make you happy if you can't collect but shelled out counsel fees to get it. You may be able to find an attorney that will take the case on a contingent fee or a combination of a flat retainer with a contingent component. During the litigation you will be able to subpoena cell records. Some carriers preserve text messages, some don't. It is probably worth a shot. In addition, gather any evidence of any kind and let your attorney evaluate if and how it can be used to support your claim. Good luck.
There are a number of ways to prove your case. Call my office and set up an appointment.
You need to go after him. Your friend has turned on you completely, and now you need to get a lawyer and get it done.
I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Phone: 201-820-3459
Fax: 201-820-3461
Email: [email protected]
Website: AttorneyRobertDavies.com
Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.
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