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jeffchomyn

Junior Member
What is the name of your state?What is the name of your state?
California

In May of this year, I loaned my friend $3,500 so that he could buy an engagement ring. When I gave him a personal check for the amount stated, we verbally agreed that he would pay back the full amount in two months or less. On the "memo" line of my check, I specified that it was for a loan, so I will have no problem proving it was a loan. After two months passed, I asked my friend about the status of his repayment, and he said he didn't have anything for me yet. I then requested that he repay me the loan in full by October (over four months after the loan was made). When I talked to him a week later, he mentioned that he will be making trips to North Carolina and Las Vegas within the next two months. He also mentioned that he will be quitting his job in October, and I know that he doesn't have another job lined up yet. From this, I gather that he doesn't have any intention of paying me back anytime soon, and that he did not take my request seriously. How should I let him know that my request is serious? Should I make a written request? Should l notifiy him that I plan to take him to small claims court if my request is not met? If it comes to that, what do you think would be a proper date to file a claim? If I do end up getting a judgement, and my friend doesn't have any money, can I be repaid in property (like his car, the engagment ring)?
 


Happy Trails

Senior Member
jeffchomyn said:
What is the name of your state?What is the name of your state?
California

In May of this year, I loaned my friend $3,500 so that he could buy an engagement ring. When I gave him a personal check for the amount stated, we verbally agreed that he would pay back the full amount in two months or less. On the "memo" line of my check, I specified that it was for a loan, so I will have no problem proving it was a loan. After two months passed, I asked my friend about the status of his repayment, and he said he didn't have anything for me yet. I then requested that he repay me the loan in full by October (over four months after the loan was made). When I talked to him a week later, he mentioned that he will be making trips to North Carolina and Las Vegas within the next two months. He also mentioned that he will be quitting his job in October, and I know that he doesn't have another job lined up yet. From this, I gather that he doesn't have any intention of paying me back anytime soon, and that he did not take my request seriously. How should I let him know that my request is serious? Should I make a written request? Should l notifiy him that I plan to take him to small claims court if my request is not met? If it comes to that, what do you think would be a proper date to file a claim? If I do end up getting a judgement, and my friend doesn't have any money, can I be repaid in property (like his car, the engagment ring)?
I think if he received a summons to appear in small claims court, he would think you were serious about requesting your money.

This link can answer your questions on how you would collect your judgement. It also has a ton of information that will be helpful: http://www.courtinfo.ca.gov/selfhelp/smallclaims/
 

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