Legal Question in Credit and Debt Law in New York
Personal Loan not being paid back
I lent a very good ''friend'' $20,000 without a written contract because I trusted her (I wrote her a check). She gave me a personal check back, which bounced a few months ago, and since has not made any attempt to pay back. On the check memo, the word ''loan'' was written by her. Do I have any legal recourse to obtain a judgment against this ''friend''? Thank you.
3 Answers from Attorneys
Re: Personal Loan not being paid back
Yup...but a judgment only after a suit.
Good Luck
RRG
Re: Personal Loan not being paid back
You have everything you need to sue your friend since she admitted owing the money when she gave you a check...that it bounced only provides you with a second legal theory to obtain a judgment. Problem is finding $$ after judgment. Do you know where she works? Garnish her salary. It will take time but you will get your money.
Re: Personal Loan not being paid back
Your claim is above the amount of the "small claims" court limit and would benefit by having a competent atty pursue it. In collection matters you need to move as quickly as possible. Old claims are harder to collect than current ones. You should seriously consider hiring a "collections" attorney to assist you. This type of matter would typically be handled on a contingency basis with the client responsible for costs (filing fee, service of process, etc.) which are fairly small, and the atty's fee contingent on collection of the claim. Of course, if you feel your claim is very strong with a high likelihood of collections, you may be better off hiring an atty on an hourly basis. The info. a collections atty will want to know before taking this case, that you don't mention, is where is this friend and do you have a "good current address" for her, does she have a job, does she have any assets (i.e., house, car, bank accounts, etc.), and does she have any claims against you for any reason?
Feel free to contact me if you would like further info.