Legal Question in Credit and Debt Law in Pennsylvania

Re: norarized loan repayment

From the facts you provided it appears that the statement signed by the boyfriend would be interpreted as a contract for the boyfriend to repay your daughter. Therefore your daughter can file a lawsuit in the local District Justice (DJ) court & try to obtain a judgment against the boyfriend. My guess is that at this time he is unable to pay any money. However the judgment is good for 5 years and can be renewed prior to the expiration of 5 years. If the boyfriend is able to pay at some time in the furture, hopefully your daughter can collect, either voluntarily or involuntarily. Note that if your daughter obtains a judgment in the DJ court, I think it would be best to record the judgment in your county Common Pleas court. In any case, this will be a good lesson for your daughter. It's never a good idea to guarantee a loan- there are always risks.

Richard K. Teitell, Esq.

[email protected]

Re: norarized loan repayment

It would appear that your daughter has a valid contract. These contracts can be enforced at the magisterate court. The fact that her boyfriend is in jail would not be a defense, if he is default she could obtain a judgement. However obtaining a judgement and collecting are two totally separate things. Her boyfriend must have assets in his name to execute on the judgement.

Brandon Barnett, Esq.

412-916-1677