smallclaimsQ
Junior Member
What is the name of your state? Georgia
Hello All,
Thank you in advance to anybody that is willing to offer an opinion.
A former acquaintance of mine asked me for a loan for $2000 back in November of last year in order to pay his child support. I wrote a contract for him and a guarantor to sign. The contract is dated, notarized, stipulates the sum, the intervals at which payments are due, and the penalties associated with none payment.
The loan was half paid, and then the signer ceased payment as he said he didn't have money. His guarantor paid a small amount over a month ago. Over $800 is
still owed and I have no reassurance that the remainder will be paid.
This may well be an expensive lesson learned but I am strongly considering small claims court. My personal records of the previous loan payments are accurate (I
recorded the payment sums and the dates of payment) and I have many copies of the signed and notarized contract. I do not have any signed receipts for the payments and these payments were made with cash (this may work for me rather than against me, perhaps?). I am currently waiting on a bank statement that will indicate that the sum borrowed was withdrawn from my bank at the time the
contract was signed (cash, but I believe this corroborates my version of the facts along with the detailed signed contract).
My questions are these:
1) Is such a case easily settled/won in small claims court?
2) If I cannot locate the obligor or feel that he may not have a wage to garnish, is it reasonable to file against the secondarily liable guarantor?
3) If filing against the guarantor (who is more likely to have the money) first is not reasonable, should I try to file against the obligor or the obligor AND the guarantor (either separately or together)?
If anybody can be assistance in this matter it would be greatly appreciated!
Hello All,
Thank you in advance to anybody that is willing to offer an opinion.
A former acquaintance of mine asked me for a loan for $2000 back in November of last year in order to pay his child support. I wrote a contract for him and a guarantor to sign. The contract is dated, notarized, stipulates the sum, the intervals at which payments are due, and the penalties associated with none payment.
The loan was half paid, and then the signer ceased payment as he said he didn't have money. His guarantor paid a small amount over a month ago. Over $800 is
still owed and I have no reassurance that the remainder will be paid.
This may well be an expensive lesson learned but I am strongly considering small claims court. My personal records of the previous loan payments are accurate (I
recorded the payment sums and the dates of payment) and I have many copies of the signed and notarized contract. I do not have any signed receipts for the payments and these payments were made with cash (this may work for me rather than against me, perhaps?). I am currently waiting on a bank statement that will indicate that the sum borrowed was withdrawn from my bank at the time the
contract was signed (cash, but I believe this corroborates my version of the facts along with the detailed signed contract).
My questions are these:
1) Is such a case easily settled/won in small claims court?
2) If I cannot locate the obligor or feel that he may not have a wage to garnish, is it reasonable to file against the secondarily liable guarantor?
3) If filing against the guarantor (who is more likely to have the money) first is not reasonable, should I try to file against the obligor or the obligor AND the guarantor (either separately or together)?
If anybody can be assistance in this matter it would be greatly appreciated!