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lent $(by check) to ex, now trying to collect

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C

cecismeo

Guest
What is the name of your state? Maryland, ex lives in NJ

Wrote a business check for $1,600 to an ex. I wrote "Personal loan" on memo line. I'm in the beginning stages of trying to collect. I've spoken to him, sent emails, & now have given a 2 week deadline. After that, is the best route to try & get a Writ of Garnishment? If so, what state? He works in Manhattan. Do I need to send a Fedex/certified letter to him as to my intentions for proof of my pursuing this?
 


JETX

Senior Member
"After that, is the best route to try & get a Writ of Garnishment?"
*** No. You would have to file a lawsuit against him and get a judgment BEFORE you have the right to garnish.

"If so, what state?"
*** Of course, it is always best to sue where the defendant as assets, but assuming the written agreement was made in MD, an action for breach can be brought there.

"Do I need to send a Fedex/certified letter to him as to my intentions for proof of my pursuing this?"
*** It is always a good idea to send the debtor a formal (certified RRR) demand letter prior to any litigation. Some states require it, and in those that don't, it can be used to show the court that you have attempted to recover payment.
 

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