Legal Question in Credit and Debt Law in Virginia
getting back the money that is owed me
I made a personal loan to a friend in approximation of 5000.00 . I have a written agreement on the terms
the loan is to be repaid.the loaner has not kept up his end of it and I would like to know my options.
1 Answer from Attorneys
Re: getting back the money that is owed me
Unless the loan is secured or there is a valid written confession of judgment provision in the loan documentation, if the borrower refuses or fails to make payment and all required demands have been made and notices given, you have a right to sue for the amount due, plus court costs and interest (as provided in the loan documents, or, assuming this is in Virginia, in the discretion of the court if there is no provision for interest, at the 9% statutory rate from the due date). You are not allowed to recover additional charges, such as late fees or attorney's fees, unless the loan documents provide for such fees. You should have a lawyer file this suit for you, as doing it yourself could result in mistakes that could wipe out your claim.