small claims

[idol]

can i take someone to court if he agrees to pay me back a debt, but can't at the moment because he claims he is in financial hardship? a couple of years ago, this guy borrowed money from me and agreed to repay in monthly installments. i received only one payment, so far, but because he was in financial hardship, i did not sweat it too much. a few months ago, a different deal was broken and left us in bad terms, but he told me that he would pay me back the money he initially owed me after he gets the big irs refund he is expecting. well, it's been months after tax season and he still has not paid me back. he seems to be always too busy to talk to me everytime i contact him, and he said he will call me, but has never done so. he tells other people that he's barely making enough money, but in the past, he gave the same excuse but seemed to have enough to spend on unnecessary things (like a performance car intake, etc.). will his excuse prevent me from getting a "writ of execution"?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by idol:
can i take someone to court if he agrees to pay me back a debt, but can't at the moment because he claims he is in financial hardship? a couple of years ago, this guy borrowed money from me and agreed to repay in monthly installments. i received only one payment, so far, but because he was in financial hardship, i did not sweat it too much. a few months ago, a different deal was broken and left us in bad terms, but he told me that he would pay me back the money he initially owed me after he gets the big irs refund he is expecting. well, it's been months after tax season and he still has not paid me back. he seems to be always too busy to talk to me everytime i contact him, and he said he will call me, but has never done so. he tells other people that he's barely making enough money, but in the past, he gave the same excuse but seemed to have enough to spend on unnecessary things (like a performance car intake, etc.). will his excuse prevent me from getting a "writ of execution"?<HR></BLOCKQUOTE>


My response:

Do you see that writing in RED, above? Without a State name, we can't even attempt to assist you, if we're even able to assist you at all. Laws are different everywhere.

IAAL


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[idol]

sorry...im in California

[I AM ALWAYS LIABLE]

My response:

Thank you for posting your State. Yes, you no longer have to wait until hell freezes over. In California, your limit in Small Claims is a maximum of $5,000.00. You may file anytime you choose in a court where the contract was made, up to 2 years from the date you entered into the oral contract.

Your evidence is the loan amount (your records), and a copy of his payment, which signified it was a loan, rather than a gift. Write him a Certified Return Receipt letter demanding payment in full of the balance. Give him 10 "calendar" days to comply. When he fails or refuses to respond with payment, file your case.

The Small Claims court has free advisors to help you with the paperwork. Bring your $23.00 for the filing fee.

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."



[This message has been edited by I AM ALWAYS LIABLE (edited July 13, 2000).]