When to file...

[Singlemama]

I loaned a friend $3000 last year. I have a prommisory note from him stating that he would begin repaying the loan in January and would have it payed off by June of this year. I have not gotten anything from his as of yet so I emailed him asking him when to expect my first payment. He replied by saying he didnt know when he would start sending money and he would let me know.
Do I need to wait until June ( when he said he would repay by) to file a small claims case of can I file now since he has missed the January start date and has indicated a payment would not be coming soon?

 

[Gail_in_Georgia]

File now. Your friend has no intention of paying back this loan; a legal "nudge" might get him to rethink this.

Gail

 

[fredrikklaw]

Go For It!

I quite agree! This so-called friend of yours has no intention of living up to his side of the bargain and a court summons has an uncanny way of bringing some folks to their senses.

And no, you do not have to wait until June to file the action against your friend and can start right away if you choose based on Anticipatory Breach and Prospective Unwillingness to Perform as promised.

fredriklaw

 

[Singlemama]

Thanks for your advice.. I downloaded the forms i need to file today so on Monday I will file!

 

[army judge]

Prevailing in small claims on the promissory note will be easier than collecting on your judgment. I hope you know that the court won't force him to pay you. You'll have a piece of paper saying he owes you $3,000, but collecting the money will be another frustrating exercise in frutility!


Sent from my iPhone using Tapatalk

 

[Singlemama]

I talked to the court and asked them about collecting and they will garnish his checking account or pay check if I know where he works or banks. He also has a car that is just paid off. I have all the info on all of this stuff because part of the loan was car payments and part of it was a transfer to his checking account. I have his VIN and bank account number. I know it wont be an easy task but he needs to be held accountable in some manner.

 

[fredrikklaw]

Manner and Manner!

What a noticeable difference in tones between your first post and this last one; you sound quite upbeat and confident and very much like you have your ducks all in a row, have crossed the Ts and dotted the Is and have your game face on.

Well good for you. Some people not only need to be held accountable in some manner, they also need to learn some manners and a side of gratitude. May be you come back and tell us how it went.

Happy Litigating!

fredrikklaw

 

[Singlemama]

Thank you! I do feel confident about the case. I tried to cover all my bases when I got the promise to pay.. how much he owed me, when he would pay etc. I also made sure I kept any info I could from the loans like his bank account info and car info. I was skeptical when I loaned the money because of the amounts but I tried to help a guy out who lost his job and apartment. With good reason apparently. I am looking forward to filing and getting this done. I will follow up and let you know what happened. Thanks for your help!