Legal Question in Civil Litigation in Wisconsin
Private loan defaulted
I made a personal loan of $6,000 to a person who owned a business, signed a form stating loan would be repaid when business sold, never happened. Business sold in 2004. Loan was to be repaid in 2005. Loan is still outstanding in 2008, will be five years in February, 2008. No payment, no response. What is my best course to receive this money back?
1 Answer from Attorneys
Private Unsecured Loan Collections
The next time you lend money, you should, with the help of an attorney, obtain collateral in order to secure you loan. If done properly, that would allow you to sue the successor business for the original owner's debt to you if you were not paid at the time of the sale. However, perfecting a business security interest is tricky and not always successful. You should therefore "not try this at home," but instead seek professional commercial law advice. The only way I know of to collect on an unsecured obligation is to sue. The likelihood of ever seeing your money, however, is far from certain.
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