Legal Question in Civil Rights Law in Washington

I lent a friend some money (45,500.00) and they aren't paying me back as stated in our agreement in fact not at all. He sent me a agreement to pay it back at 1000.00 a mth and I haven't received anything from him since Sept. 2009. Payments started in July of 2009. I have lost or misplaced the note of repay but I have a friend or who use to be my friend who held the note and read it so I don't know if that would help me with a lawsuit against the person owing me the money. Please can you help me I really need that money!


Asked on 1/15/10, 9:18 am

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

Unfortunately, without the note, you are out of luck unless the other side admits they borrowed the money and admits the repayment terms you mention and that they are now in default. Short of them admitting this, in any lawsuit you bring, you are flat out of luck.

If you can find that note, you are in luck, in the sense that now you can sue and have a leg to stand on, but even then, if the person you are suing has nothing that a judgment can be used to lien on, such as real estate or cars, or bank accounts, etc., then they are essentially judgment proof. You could try for a wage garnishment, but it will be a long time before you are fully repaid if they are in a lower income bracket.

For my part, I will tell you that if you find the note, and if the person who owes you money has assets to lien on, I would be willing to take the case on a contingency basis.

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Answered on 1/20/10, 10:15 am


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