Legal Question in Credit and Debt Law in Pennsylvania

Loan in the form of a check

I loaned someone $6000 (Dec '07) in the form of a personal check where the word ''Loan'' is in the memo line.

There is no other written agreement other than my request six months ago to begin repaying the loan (without interest.)

Is not having a written/signed agreement going to be an issue if I need to bring this matter to small claims court? The check was cashed in PA, and I live in FL, so at this time, I plan on filing the case in the PA county court.


Asked on 1/16/09, 7:01 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Loan in the form of a check

You asked about enforcing a loan agreement.

You make one big mistake. The agreement is in writing. You have a check, hopefully that the other party signed or at least deposited into their own account. This is a sufficient form of writing for enforcement.

Based on the facts provided you have a very good claim to enforce the agreement.

Regards,

Roger

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Answered on 1/16/09, 10:41 pm


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