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demand for payment letter

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HoneyCasper

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

I made a loan to someone back in march of 2005. We signed an agreement that she would repay the loan by giving $100.00 a month, and it would be repaid by March 2006. I have not received any payments, and i have asked several times for the money. Can I send her a demand letter? and if yes, then if i don't receive payment, can I start a small claims court case, even though it hasn't been the year?
 


dcatz

Senior Member
Can I send her a demand letter? and if yes, then if i don't receive payment, can I start a small claims court case, even though it hasn't been the year?
You can send a demand. Set a time for a response - eg. "not later than xxx, 2005" or "not later than X days from this letter date". Keep a copy. You say that you have a written agreement, but more is better, in case the court would like to see it.

It hasn't been a year and you don't say whether the agreement allows you to accelerate the balance (declare the whole balance owing, if there's a default), but your friend was in default when the first payment date was missed.
 

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