Need advice... HELP!!

[Pchao]

Hello everyone! Let me outline my situation first. I let a friend borrow mone in November 2011. He agreed to start paying me back in 2012. Since then I've only been able to collect $100 from him 2013. He has ignored my text and calls. It was an oral agreement and I know in califorinia there is a two year statuate of limitations. My question is... does the statuate start from when he last paid me? Can I still bring him to court?

 

[Zigner]

Hello everyone! Let me outline my situation first. I let a friend borrow mone in November 2011. He agreed to start paying me back in 2012. Since then I've only been able to collect $100 from him 2013. He has ignored my text and calls. It was an oral agreement and I know in califorinia there is a two year statuate of limitations. My question is... does the statuate start from when he last paid me? Can I still bring him to court?

Generally, the time starts running from the last payment. How much money does he owe you? Please remember that, even if you win, it's still your job to collect the money.

 

[TigerD]

1. How much money does he owe you?
2. Do you have any proof of the loan?
3. Do you have proof of the payment?

DC

 

[Pchao]

1. How much money does he owe you?
2. Do you have any proof of the loan?
3. Do you have proof of the payment?

DC

He owes me $3000.00, and the loan was given in cash. But I do have a recording of or argument although it didnt state the amount. I am also in the process of sending him a ntarized demand letter outlining the loan amount.

 

[single317dad]

He owes me $3000.00, and the loan was given in cash. But I do have a recording of or argument although it didnt state the amount. I am also in the process of sending him a ntarized demand letter outlining the loan amount.

Did you have the other party's consent to record that conversation? Did the conversation take place in California?

 

[Pchao]

Did you have the other party's consent to record that conversation? Did the conversation take place in California?

No he didnt know it was recorded. I also sent him emails too. and yes it did take place in california

 

[single317dad]

No he didnt know it was recorded. I also sent him emails too. and yes it did take place in california

You likely violated California P.C. 631 by recording a conversation without the consent of all parties:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=630-638

At any rate, the recording will not be admissible as evidence.

Unless you can get him to admit to receiving the loan and agreeing to terms of repayment in writing (or in open court), you're going to have a hard time proving anything.

 

[TigerD]

He owes me $3000.00, and the loan was given in cash. But I do have a recording of or argument although it didnt state the amount. I am also in the process of sending him a ntarized demand letter outlining the loan amount.

Before you continue you need to face an unpleasant truth: Even if you win, you are probably never going to collect a dime.
You need to decide how much good money you are willing to toss after that bad money.

DC