Loan he doesn't want to repay

[Babers]

I live in Phila Pa. i loaned a good friend $5000.00 dollars
on the check i gave him the memo stated "loan". he was to pay me back at the end of 2000. After numerous trips to the casinos i asked him to repay the money. he claims he doesn't have it and to sue him for it. he owns a home and i was wondering how to go about putting a lien on his property for the $5000 if possible. How do i go about this.
If i go to small claims court i'll never be able to collect what do i do

 

[JETX]

Your post is a little confusing... you say that you want to place a lien on the debtor's property, but that by filing a lawsuit, you'll "never be able to collect". The two positions are contradictory.

In any case, you cannot just go file a lien on someone's property in your case. You will need to get a court judgment before you can attempt to seize or levy any assets of the debtor.

So, here is where you stand in my opinion:
1) Your writing 'loan' on the check was a feeble attempt at trying to document that it was a loan. Since you didn't get any other notifications (payment terms, interest rate, his acceptance of the loan conditions), it is almost useless, though it has a tendency to 'swing' the dispute a small amount to your favor.
2) Since this guy has already told you what you need to do (
"sue me"), you are going to have to do just that. Contact your local Small Claims court and see if you can sue for the full $5k in their court. If so, then you will need to get a 'complaint package' from the court. It should include a form, plus instructions.
3) In order to bolster your case a little, you might try sending the debtor a 'demand letter', by Certified RRR mail. In it, detail your loan (amount, dates, witnesses) and whatever conversations you had regarding repayment, etc. Then, make a demand for payment within a specific timeframe. Finally, close with something like... "if you disagree with this being a loan or your obligation to repay it, please notify me in writing within 'X' days." If he responds in confirmation of the loan, you have proof. If he doesn't respond, you have a document to show the court (with proof of delivery).