personal loan....awaiting payment

[deka99]

What is the name of your state? mi and ca

while dating my ex-girlfriend for 4 years(first two in mi living separately, last 2 in ca living together, i am currently living in ca) i loaned her $4000.00 throughout the 4 years for her bills, airline tickets, spending money, etc. it was agreed these were loans and i had her sign an i.o.u. for the total amounts of the loans. it has been over a year since she signed the i.o.u. and since that time she has paid only $200.00. also since that time we had a rocky break-up. she agrees she owes me the money however does not want to pay because she claims i asked her to move to ca and her friends told her she shouldn't pay. along with the i.o.u i have cancelled checks and credit card receipts for most of the money that i loaned her. what is the next step i need to take to collect? a formal letter? if she still doesn't pay is court the next option? would it be a small claims court? please advise. thank you.

 

[I AM ALWAYS LIABLE]

What is the name of your state? mi and ca

while dating my ex-girlfriend for 4 years(first two in mi living separately, last 2 in ca living together, i am currently living in ca) i loaned her $4000.00 throughout the 4 years for her bills, airline tickets, spending money, etc. it was agreed these were loans and i had her sign an i.o.u. for the total amounts of the loans. it has been over a year since she signed the i.o.u. and since that time she has paid only $200.00. also since that time we had a rocky break-up. she agrees she owes me the money however does not want to pay because she claims i asked her to move to ca and her friends told her she shouldn't pay. along with the i.o.u i have cancelled checks and credit card receipts for most of the money that i loaned her. what is the next step i need to take to collect? a formal letter? if she still doesn't pay is court the next option? would it be a small claims court? please advise. thank you.

My response:

Where is she living now?

Is there a multiplicity of IOU's, or is there only one?

Where were the IOU's signed?

Are they dated?

Please specify the dates for each IOU.

IAAL

 

[deka99]

she is still living in ca.

there is ony one i.o.u. covering all the loans(approx. 10-15) i made to her.

the i.o.u. was signed in ca.

the i.o.u. is dated, however most loan dates would be verified from a credit card receipt or cancelled check.

i do not have exact dates at this time because i would have to pull my records but about 25% were made during our time together in mi and about 75% during our time together in ca.

thanks

 

[I AM ALWAYS LIABLE]

she is still living in ca.

there is ony one i.o.u. covering all the loans(approx. 10-15) i made to her.

the i.o.u. was signed in ca.

the i.o.u. is dated, however most loan dates would be verified from a credit card receipt or cancelled check.

i do not have exact dates at this time because i would have to pull my records but about 25% were made during our time together in mi and about 75% during our time together in ca.

thanks

My response:

Okay, I'll ask one more time - - what is the date of the IOU?

IAAL

 

[deka99]

i do not have the i.o.u. with me currently so i do not know the exact date but it was signed in ca in, i beleive, december of 2001.

 

[I AM ALWAYS LIABLE]

i do not have the i.o.u. with me currently so i do not know the exact date but it was signed in ca in, i beleive, december of 2001.

My response:

Okay, at least that amount of information is better than a poke in the eye with a sharp stick . . .

California has a 4 year SOL on written debts - - contracts, IOU's, promissory notes, etc. and 2 years on verbal contracts/agreements.

Since yours is in writing, the SOL is four years. It doesn't matter anymore when the original loans were made to her. The only thing that matters is that she acknowledged the debts to you via the IOU. So, the SOL begins to run from the date of the IOU or from the date of her last payment after the IOU was signed.

So, it looks like you're standing on firm ground to go ahead and file your Small Claims lawsuit against her in the town where she lives. The small claims court jurisdictional limit for money claims is $5,000. [Ca Civ Pro § 116.220(a)]

IAAL

 

[deka99]

thank you very much!

 

[I AM ALWAYS LIABLE]

thank you very much!

My response:

You're very welcome. I always do whatever I can for fellow Californians. But, if you should have further questions on this or any other matter, and for your success, you need to read carefully and answer all of my questions with as much information as you have, or can get.

Good luck to you, and keep me informed of your progress.

IAAL

 

[Ladynred]

OMG.... Surely that almost-sugary response was not uttered by the real IAAL !!

 

[I AM ALWAYS LIABLE]

OMG.... Surely that almost-sugary response was not uttered by the real IAAL !!

My response:

No. It was uttered by my good, angelic, twin brother.

signed by the evil twin, IAAL

 

[Ladynred]

HA !! I suspected as much !!!