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HELP note/contract not being paid

  • Thread starter Thread starter LINGO
  • Start date Start date

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LINGO

Guest
IN THE STATE OF CALIFORNIA : A friend gave me 15,000.00 to loan to a third party to upgrade a mechanic business. I have a promissory note on which only 12,000.oo have been paid. It is a no interest loan, montly payments of 300.00 per month, between me and two mechanics (father and son). Last payment is supposed to be due in August of 2002. They stopped paying two years ago despite repeated reminders. Recently I gave them a certified mail notice requesting it be paid immediatly. No responses from them. Should I get a lawyer or settle for $5000.00 in small claims court. I am not sure if this is too complicated a case for me to tackle on my own in municipal (Superior Court?) withour a lawyer. I don't mind losing some money since it was never really mine to begin with. My friend is an older man who simply was doing the mechanic a favor and wanted them to repay the money to me as the old man and I are close friends.
I am concerned that a lawyer will end up taking much of the money in fees and maybe I should settle for a small chunk.
 


I AM ALWAYS LIABLE

Senior Member
My response:

You don't have to go to court. As a matter of fact, you CAN'T go to court. You have no "legal standing". In your scenario, you were merely the "agent" for your principle - - the person who owns the money and who lent it through you to the mechanics.

It is your principle who must do the suing. If you did the suing, your lawsuit would be dismissed.

IAAL
 
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LINGO

Guest
Follow up to reply

The money was given to me as a gift and the contract was between me and the mechanics. The man who gave me the money is not in the note.
 

I AM ALWAYS LIABLE

Senior Member
Re: Follow up to reply

LINGO said:
The money was given to me as a gift and the contract was between me and the mechanics. The man who gave me the money is not in the note.

My response:

Does anyone else want to play "20 Questions" with this writer? When a writer, like yourself, changes the facts, then it becomes a waste of my time. I am not about to take my time to write a completely different answer to you, and then have you change the facts again.

Perhaps someone else will take the time.

IAAL
 
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LINGO

Guest
Reply to silly answer

My question is quite simple. As I mentioned the money was given to me (gift) and then I got into a contract with these two mechanics. Is there anyone who would like to answer me without getting too edgy. I am sorry if I missed the word gift. I still need an answer. Please respond if you know. I don't want to get into a silly argument with anyone. Thank You.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Well, if your question is "quite simple", then you go ahead and answer it for yourself. Oh, and please, don't change the facts on yourself.

IAAL
 
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LINGO

Guest
Still hoping for a response.

I am still hopeful that someone will respond to my question. Since I am ignorant about how to pose the question I hope you will take this into consideration. I am not a lawyer. That's why I am asking. Please don't respond if you have better things to do.
 

I AM ALWAYS LIABLE

Senior Member
My response:

First, that's none of your business, and it's completely irrelevant to your issue.

Second, why? Do you want a refund of your Registration fee ?

IAAL
 
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LINGO

Guest
Just wondering if anyone else looks here and might be able to give me answer. You seem more interested in arguing than helping. Nothing personal.
 

I AM ALWAYS LIABLE

Senior Member
My response:

We're not arguing with you at all. As for me, I'm merely answering your continuing questions, and wondering why you're asking such silly questions.

I already said I'm not going to assist you because you changed the factual situation. Your post is still there, and there are plenty of others here who might jump in to actually take a chance on you. However, knowing as I do, that there are others who could very well help you, I must presume that those others also agree with me and are not willing to waste their time, either.

All I'm saying is that I'm not willing to assist you any further. You would do well to seek assistance from a local attorney, and one familiar with Contract Law.

IAAL
 
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LINGO

Guest
Dear Mr. (ms.) Liable,
I am not asking you to waste your time answering me. I prefer if you don't. You keep saying you don't want to waste your time, yet you keep answering every time you see a post of mine... just ignore me like I thought you intended to. I am not asking you anything. I am simply hoping someone other than you and Home Guru who also made it quite clear that he (she) doesn't want to help me, will. Once again, nothing personal. I don't know you, and you don't know me and I have no reason to be upset with you. By the way the only reason I asked if you get paid is because I figure if you do get paid you then you are probably the only people who post answers to questions here and I may as well take my inquiries elsewhere. In response to your question about whether I want a refund, my response is no. Farewell.
Sincerely,
Lingo
By the
 

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