Legal Question in Civil Litigation in Utah
Personal Loan
I loaned a friend money back at the
beginning of 2008; he and I signed a promissory note saying it was to be
paid back. He hasn't made any
payments or attempted to pay it
back. How do I go about filing a
claim. He lives out of state but I do
know where to reach him.
2 Answers from Attorneys
Re: Personal Loan
If the loan was made in Utah, you can go ahead and sue in small claims court in Utah and he will either have to apper and defend or lose. Small claims court has limits up to $10,000. For posts on Utah small claims courts see //utahconstruction.blogspot.com
The more difficult part is collecting and you may have to register the judgment where the friend lives in order to collect. Good luck
Re: Personal Loan
If the amount is less than $10,000 you can file a claim in small claims court. If more than this suit must be brought in (a) the district court where the loan was made or (b) the state where the defendant now lives. If the defendant has assets left in Utah, you can file here. If he does not, then you are better off to to sue him where you can get a garnishment against his wages or against his assets.
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