Personal Loan to a friend

[spill]

I gave an amt of $8000 to my friend as loan in Sep '03 for a week days adjustment. And he did not reurn the money as he promised after one week. I waited for almost 10 months to see if he returns the money as I never wanted to break the friendship. Infact was listning to all his lies for 9 months. Everytime he would give a date and would never respond or e-mail the excuse/explanation on the said date. And asusual I had to call him to check the details. He did that for 100 + times and finally admitted everything in his mail with the final confirmation date.

And after sending a mails and making calls regularly he sent a check for $8000 which bounced last month. Living in VA. Tried calling small claims to check the details and they adviced me to cosult an attorney as they do not cover amount > $2000.

Proof of documents I have with me:

1. My Bank statement with wire transfer details to his account.
2. His check which bounced last month with overdraft fee details from my bank.
3. His mail admitting that he would return the money on mm/dd/yy with the details of his promises on many occasions.

I think he does not care about what I do now.Very reckless person who is assuming that he can do whatever he wants.

I want to proceed legally. How? Any help/advice would be
highly appreciated. Thanks in Advance!"

 

[Michael Wechsler]

$8,000 is a large sum of money. Small claims courts usually extend only to a maximum of $5,000 but check the court in the jurisdiction of your friend, the one which you will have to use if you want to use small claims court. This would be the county in whatever state your friend lives in.

What you may want or need to do is go to civil court, which will raise the limit in the amount but you can do this pro se. You do not necessarily have to sue in the same county as the defendant and may be able to use yours. But if you want things to be easier, you will need to sue in the same state of the defendant or in the state and county where the transaction occurred. I would continue with service but probably best to speak to the clerk of the court within which you intend to sue. They should have a package which will show you a sample complaint that you will need to fill out with the details, the filing procedure and fees, and service (notice to the defendant) that you need to provide.)

I'm very sorry about what happened and this is difficult. Let us know more facts and what you find out and we'll see if we can be of more assistance.

I gave an amt of $8000 to my friend as loan in Sep '03 for a week days adjustment. And he did not reurn the money as he promised after one week. I waited for almost 10 months to see if he returns the money as I never wanted to break the friendship. Infact was listning to all his lies for 9 months. Everytime he would give a date and would never respond or e-mail the excuse/explanation on the said date. And asusual I had to call him to check the details. He did that for 100 + times and finally admitted everything in his mail with the final confirmation date.

And after sending a mails and making calls regularly he sent a check for $8000 which bounced last month. Living in VA. Tried calling small claims to check the details and they adviced me to cosult an attorney as they do not cover amount > $2000.

Proof of documents I have with me:

1. My Bank statement with wire transfer details to his account.
2. His check which bounced last month with overdraft fee details from my bank.
3. His mail admitting that he would return the money on mm/dd/yy with the details of his promises on many occasions.

I think he does not care about what I do now.Very reckless person who is assuming that he can do whatever he wants.

I want to proceed legally. How? Any help/advice would be
highly appreciated. Thanks in Advance!"