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Want to get a personal loan repaid - Arizona

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K

Kevin11

Guest
What type of law suit would I file to
force someone to repay a $16,000 loan
that has gone unpaid for 2 years?

The original loan was made 01/11/1999
for $9,000. The loan was in writing to
be repaid within 6 months with interest.

There was a few interest payments made
but then nothing for about 9 months.
Then a payment was made to get current
on the interest. Then nothing since then.

An additional $6,000 loan was added with
the understanding that the additional
money would allow the person to get a
home refinance which never happened.

I want to sue to get repaid with interest
and penalties and want to pursue garnishment.

What advice do you have?
 


JETX

Senior Member
Your case is a fairly simple matter of 'breach of contract', that being the promise to pay.

However, due to the amount involved, you will not be able to use the Small Claim court system and must litigate in a higher court. Since the full rules of evidence, discovery and civil procedures will apply, you should consider hiring an attorney.

However, one thing that must be considered is the likelihood of enforcing your judgment when awarded. Does the debtor have any assets that can be seized??? Someone needs to look into this before you spend a lot of money chasing a possible 'deadbeat'.
 

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