loaned $ to a friend

What is the name of your state? Missouri

Hi. I loan $900 to a friend of mine back in the summer of 2002. It has almost been two years. I loaned the $ to her in three ATM cash withdraws ($200,$300,$200) and one check ($200). I just talked with the bank and they are mailing me the bank statements for that period and a copy of the cancelled check. I have been trying to collect from her and she said she'll pay me but everytime I do get a hold of her she says she doesn't have the $ now. She doesn't return my phone calls to her cell phone but I can reach her at her work and I can visit her at her apt. We live in two cities 1 1/2 hours apart. I rarely go back to the city where she lives and when I do I tend to forget to pay her a visit. The last time I visited her was in October 2003 and I got her to sign a piece of paper that says, "I agree to pay (my name) $900 over the period of one year from November 2003 to November 2004 in $100 intervals per month." It is signed by both of us and dated 10-14-03. I have not told her yet that I will take her to court if she doesn't pay me soon, but I have not got any $ from her at all. I even called her at work a couple months ago and gave her my bank account # over the phone so she could make payments to me by deposit at my bank branch in her hometown. I also called a local lawyer and he says that his fees are $500 and suggests that I do it on my own.

The questions I have are:

How much time after the initial loan do I have to file claim? Is there a website or somewhere I should contact about fnding out the specific time period for the state of Missouri?

Do I have enough evidence to take her to court by myself? Should I try to get more evidence by having her sign a more legal document that the one I wrote up and had her sign? If so, what other things should I list on the document? Should I try to get a recording of her saying that she owes me $900? She knows and tells me that she owes me the $, she does not deny it, but I'm afraid if it does go to court she may try denying it. Is it legal for me to secretly tape a conversation with her and getting her to admit that she owes me the $ so I have more proof for court?

Is there an easier way to collect $ from her rather than taking her to court? I would like there to be a way where I could give her a legal document and have her start payments without the hassles of court and if she fails to pay I will take her to court.

If I do take her to court and they rule that she owes me the $900, how will they make her pay? Payments or one lump sum? If she fails to pay does she go to jail?

The problems are that I have been too lenient with her and I am afraid that if I take her to court she won't be able to pay or she will deny the whole claim - that is why I want to get as much evidence before I mention to her that I will take her to court.

Sorry for the long post. Thanks for any advice!!

-David

"How much time after the initial loan do I have to file claim?"
*** The SOL (Statute of Limitations for a written agreement (as in your case) is ten years. That is from the date of the breach, not the date of the loan itself. In this case, the breach would have occurred on the first missed promised payment.

"Do I have enough evidence to take her to court by myself?"
*** The written agreement, plus your 'proof' of withdrawals should be sufficient to show a court. And yes, you can do this yourself in small claims court.

"Is there an easier way to collect $ from her rather than taking her to court?"
*** Other than demanding payment, no.

"I would like there to be a way where I could give her a legal document and have her start payments without the hassles of court and if she fails to pay I will take her to court."
*** You already have that. Simply write her (certified RRR) and demand payment. Give her a reasonable time (30 days) to pay. Include that if she doesn't pay within that time, you will consider litigation. Then, do it if she doesn't pay.

"If I do take her to court and they rule that she owes me the $900, how will they make her pay?"
*** The court doesn't 'make them pay'. That is up to you. However, with a judgment against her, you have additional legal remedies to force payment, such as wage garnishment, asset seizure, etc.

"If she fails to pay does she go to jail?"
*** No.

Thank you for the information. Do you think I should try to get any more evidence? If so, what kind of evidence? The letter she signed just states that she agrees to pay me $900, not that she owes me $900 that I loaned her. Do you think I should try to get a more detailed written document signed by her? If so, what should it include?

Thanks again,

David

As I said in my earlier response, the fact that you have her signed agreement of the note and can show the withdrawals, should be sufficient for a court to rule in your favor.
I doubt that any additional evidence would be needed.