Legal Question in Credit and Debt Law in New York

Re: Unpaid loan

You should sue him for the money in small claims court using the bounced check as proof if his liability....the check is its own debt (you could sue him for the bad check and almost not even mention the loan...but to make it right you'd tell the court exactly what happened (just as you wrote it). You would win...but then you'd have a judgment which is just as good as the bad check unless you know how to enforce judgments. (you would issue a subpoena to any bank you think he may have funds and you'd garnish his wages). Just get the judgment first and the rest is simple.

Re: Unpaid loan

I am sorry to hear that your friend has betrayed you. The betrayal part is sometimes worse than the money. It has happened to me, and I feel like a victim. I hate that feeling! BUT, you are in better shape than you realize. Without the check to serve as a contract (the check is a writing under the 'statute of frauds'), it would be your word against his and you would lose because of that same statute of frauds. Take him to small claims court, get a judgment, and then come see me. I will file the 'Debtor-Creditor' claim and the garnishment or seizure of bank accounts (if he has one) and help you get the money for $250.00. In any event, You are welcome to talk to me and a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029