Legal Question in Credit and Debt Law in Pennsylvania
Personal Loan
I lent a friend $3,000 about 18 months
ago (by personal check). The verbal
agreement was to be repaid within the
year. The loan has still not been repaid
and any attempt to make arrangements is
difficult. Can we go to a small claims
court? What is your advice as far as the
steps I will need to take to recieve my
money quickly and painlessly.
2 Answers from Attorneys
Re: Personal Loan
I agree with what Atty. Artim said.
But I want to add: A VERBAL agreement for $3000??? Never ever ever loan anyone an amount of money that you'd like to see again without a written agreement.
If you go to court the first thing you'll have to prove is that the $3,000 check is a loan. Does it say "loan" on the check?? If not, be prepared for your "friend" to say that it was a gift, or that you were repaying him for something or other. If the court isn't clear that it's a loan, you may not even get a judgment.
Re: Personal Loan
receipt of the money likely will not be painless or quick no matter what you do. if your "friend" hasn't voluntarily repaid you by now, he's likely never going to pay you. file in small claims court, and after you prevail, your chances of getting the money remain just as slim. winning in court rarely means getting paid with this type of person. to get paid, you will have to "execute" on this person's assets, which means exposing the assets to a public sheriff sale. if you know where they have a bank account, you can attempt to garnish funds from that account. you likely would need an attorney to attempt a garnishment. not to be smart, but I hope you have learned your lesson. we see this all the time between friends.