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who do i take to court?

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mbadillo351

Junior Member
What is the name of your state? California

back in dec 06, a co-worker, maile, and I lent another co-worker, celeste, $10,000, $5000 from maile and $5000 from me. we made a contract between the lenders (maile and I) and the borrower (celeste) that it was a 6 month loan with 11.9% interest and she had to make monthly payments. celeste made her monthly payments of $864.00 to both of us on time for five month, in which time maile and I became business partners.

celeste made the payments to us in the form of a check, which was made out to maile and sometimes to myself, depending on who was in the area to go pick up the payment.

since we were business partners, we split the the payment once it was recieved so she will get her half and I woud recieve my half.

our partnership ended. on the sixth month, the remainder of the loan was paid in the way of a certified chack payable only to maile. I tried to contact maile but she is unreachable. her husband is the one who answers the phone and tells me that maile does not have my half of the loan. when i contacted celeste, she produced a copy of the certified check that was made out to maile for $6869, the remainder of the loan. maile sent a check back to celeste for $841.00, stating that celeste over paid.

so do i take celeste to court because she has not given me my half of the final payment, only maile

or do i take maile to court because she has my half of the final payment and does not want to give it to me?

thanks in advance for your responses.What is the name of your state?
 



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