Money owed to me...

What is the name of your state? California

I loaned a friend $5000 July of 2007. He was supposed to pay me in 2 months by September, I have it in writing by him & he signed his name to it as well. I have been given nothing but excuses since September from him. He is 7 months over due paying me. I have 40 text messages on my phone saying he will pay me next week, in 2 weeks & so on you name it. Nothing but lies & one minute he says he was getting money out of his 401k to getting a loan from family & so on. NEVER comes thru. I even have voice messages on my phone I saved of him saying he will pay me soon.

I wanted to avoid small claims cause I feel they will only set up a payment deal & by getting only a few hundred at most a month, it will take forever, about a year or longer to get my money back. I gave it to him all at once when he needed it & feel I should get it back all at once especially since it is in writting that he would give it all back at once. Can I make a police report since if you borrow something & don't return it, its kinda like stealing. Please give me your opinions thanks.

I wanted to avoid small claims cause I feel they will only set up a payment deal & by getting only a few hundred at most a month, it will take forever, about a year or longer to get my money back.

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A small claims judgment gives you the legal right to collect the debt, the court will not take part in payment plans or help you collect.

I gave it to him all at once when he needed it & feel I should get it back all at once especially since it is in writting that he would give it all back at once.

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And if he doesn't have all the money?

Can I make a police report since if you borrow something & don't return it, its kinda like stealing.

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No. Over half the people in America are behind paying for things, the police would be swamped trying to take all the police reports. Your problem is strictly civil, the police will do nothing.

Please give me your opinions thanks.

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Sue the guy and hope for the best, expect the worst. You will likely discover why about 75% of all civil judgments granted to individuals are partially paid or go unpaid.

Actually, while racer is correct that the court won’t collect for you, California Small Claims courts can entertain a motion for installment payments. It needs to be supported by a financial statement and, if it’s not justified by the statement, it will be denied.

Here is a site to provide additional information on ways to enforce your judgment, if you get one:
http://www.courtinfo.ca.gov/selfhelp/smallclaims