Loan to a Friend

This is the typical story of lending money to friends. I lent my best friend 1500.00 to buy a car and some new tires for it. He realy didn't have much transportation so I thought I was being nice. Well, you guessed it, we are no longer speaking due to other resons. He has prob paid me back about 500. of that, but when I asked him when he could pay the rest he said he didn't know. Since we are no longer talking, I felt I had no other course but to take him to small claims court here In AZ. Well, since he knew I would do this, he is not accepting the certified summons by mail from the court. So now it looks like I will have to hire a process server just to serve him. Can I recoup this expense? How do I do this? what about adding on interest? Also I have 2 carbon checks for 1050.00 of it, but the other 450.00 was cash. So I don't have "proof" of this. Will this matter|? Thanks for any advice on this.

You probably can add the process server cost to the filing of the judgment. As for the interest I don't know. Most states add interest once the judgment is rendered (on that date). You could try to add interest to the face of the judgment filing. But it sounds like you didn't have a written agreement, so take whatever you have as "proof" to court date to show the judge. He can either say no or give you some or all of your money back. Now, remember, if and when you win, it is up to you and not the court to collect the money! If you ever need assistance with collecting, if you win this thing/actually go thru w/it, then contact me and I can see what I can do for you! (see my sig line below)

Good luck,

As a normal practice, the courts will add the costs (process service, etc.) to your judgment. This means that if your awarded a judgment, it will include your actual award, plus costs, plus post-judgment interest. Generally, you will not be able to recover the interest you paid, unless the repayment agreement (with your 'friend') specified that he would pay interest to you.

And, as you obviously learned, never... NEVER.... loan money or property to anyone without a written agreement. It doesn't have to be fancy... just note (and sign) the when, how much and repayment understanding.