a small claims matter?

I a student that is a resident of Illinois right now, but going to school in Indiana. A friend needed to borrow money from me so I lent him $1500.00. I wrote out a slip of paper that said he would agree to pay me back by december 2000. I have recieved one payment from him, but he claims he doesn't have the money to give me. He said that if I tried to take him to court he would claim that he never signed the paper because there were no witnesses. I need this money ASAP. I was wondering what my options are...if I have any. Are there any small claims courts in chicago, IL that I could utilize or would we have to go to Indiana because he is a resident of Indiana. I really need that money back and I don't know what to do.

thank you

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by rjohnso1:
I a student that is a resident of Illinois right now, but going to school in Indiana. A friend needed to borrow money from me so I lent him $1500.00. I wrote out a slip of paper that said he would agree to pay me back by december 2000. I have recieved one payment from him, but he claims he doesn't have the money to give me. He said that if I tried to take him to court he would claim that he never signed the paper because there were no witnesses. I need this money ASAP. I was wondering what my options are...if I have any. Are there any small claims courts in chicago, IL that I could utilize or would we have to go to Indiana because he is a resident of Indiana. I really need that money back and I don't know what to do.

thank you<HR></BLOCKQUOTE>

My response:

. . . and, of course, you gave him "cash", didn't you?

1. What EXACTLY did the paper say? Reprint the note exactly as it is written, here.

2. The judge will make him sign his name, in court, and look at the signature on his court reply papers, and also the signature on his license.

3. You must wait for the December date to pass before you can sue him.

4. What form was the payment to you? Cash, check, money order? Did you give him a receipt? Depending on your answer, that payment is as good as gold insofar as proving (a) there was a debt, and (b) that the debt was acknowledged by him, and that he knew it was a loan.

IAAL

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No I "of course didn't pay him cash" I paid him with a personal check. And, the payment he made to me was with a deposit slip directly into my checking account which I have the deposit reciept for. The note that he and I both signed is as follows.
9-18
Loan Agreement

I, Rachael Johnson, will lend $1,500 to Jeremy Marshall on this day to be used in the purchase of a vehicle.

Upon receiving the money, Mr. Marshall agrees to pay back the amount in a timely manner with payments. All payments are to end and the loan is to be paid in full no later than 12-1-00.

Mr. Marshall has agreed to make portional payments of the full amount leading up to December 1st.

Signed:
Rachael Johnson
Jeremy Marshall

Do I need to wait until 12-1 if he agreed to make payments? Do I have any chance at all with this?

thank you

My response:

Very, very good Racheal!

Although it is vague and ambigous regarding "portional payments" because no amount was stated, or even if payments were to be monthly, there is NO doubt that the entire loan is to be paid by 12/1/00. So, you've got to wait until 12/1/00.

Then, you've got to make a written demand for payment in full after the expiration date. Give him 10 days. Send the "demand letter" by certified return receipt. Then, sue him if he fails to pay, or fails to sign for the letter.

He doesn't have a prayer, because you've got the cancelled check, you've got the deposit receipt of one payment by him AND you've got the signed and date "memorandum"/contract for the loan.

GO GET HIM !!

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

One other thing... you will probably need to sue him in small claims where the loan was made or where he lives. You can probably sue in your location, but he can request a change of venue to his.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

THanks for the advice...I have one more question. About what is the cost of taking someone to small claims. Were do I find out how much it costs? Can I get the papers and everything ready before 12-1 so that I can just get him immediately afterwards?
Thanks

Thanks for the advice. I have some questions. What will be the costs that I might have to do this? Can I get all the paperwork ready so that as soon as the deadline passes I can sue? Where can I find a small claims court?

My response:

Everything you ever wanted to know about Small Claims Court in Illinois - - but were afraid to ask:
http://www.ncsc.dni.us/court/lake/SMLCLAIM/Smlclaim.htm

Good luck, and let us know how it all turns out.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."