Legal Question in Civil Litigation in Pennsylvania
How to file a Complaint for an unpaid loan
Hi! Hoping you can help. I needed a reliable source to help me file a Complaint for an unpaid loan. I'm pretty sure the case I have is solid. I loaned a friend a substantial amount of money, which he paid on for about two years. Then basically, he moved away and quit paying on the loan even though there was still a remaining balance. Although there was no formal written agreement, I have the original check made out to him with ''loan'' on the memo line along with tedious records of all his payments, and various emails with him talking about sending payment as well as attempts to try and contact him after he stopped paying. I have a witness to the oral agreement, his girlfriend at the time. Unfortuantely, magistrates only allow up to $8,000 and the total amount left is well over $10,000, so I must file it in civil court. I really don't want high attorney's fees and I know that he will not get an attorney, so wanted to file it myself. I do have some legal background, but have been unable to find a good resource or example to make sure that I am doing everything correctly. Any imput you have will be greatly appreciated. Thank you so much and have a great day!
2 Answers from Attorneys
Re: How to file a Complaint for an unpaid loan
Filing a complaint is just one aspect of instituting a legal action. I strongly recommend that you obtain the assistance of legal counsel. There are issues of where to institute the legal action, how service is to be made,obtaining a judgment and collection issues if you are successful. All in all, it would be unwise for you to proceed without legal counsel. I suggest that you contact an attorney recomended to you by others or call the Bar Association in the County where you are located for a referral. Gerald Hershenson Esq. 215-579-9390
Re: How to file a Complaint for an unpaid loan
I totally agree with Atty. Hershenson. You wouldn't do your own surgery, as it is not wise, just as it is not wise to do your own legal work.
If you are still insistent on proceeding alone, then go to the Allegheny County Prothonotary's website. http://www.county.allegheny.pa.us/protho/index.asp
There, you can look at other civil filings and find a complaint that is on the same issue as yours. It will take some time and effort to look through filings to find one. Look at filings by finance companies, etc., and you should be able to find one. You will have to register for an account, which is free, to get to the filings.
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