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Recieved "lawyer's letter"...Need advice

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E

elnhelper

Guest
can I be taken to court?

I live in Sacramento California.
My friend and I decided to start up a small business. We put our money together and went out to buy equipment. There was never a written agreement stating that we were business partners. We never aquired a business license and did not make any profit. We paid cash for the equipment and neither of us have any reciepts. The equipment has been in my posession since the day of purchase. Shortly after we purchased the equipment my friend stopped coming by to help with production or business planning. Despite my pleading with him to help with the business he failed to make an appearance. He would not respond to any phone calls or email messages from me. He appeared to have abandoned the business. Yesterday, I recieved a letter from his lawyer claiming that my friend had given me a personal loan and that I have failed or refused to pay this debt. There was no personal loan and my friend has never mentioned this debt to me. The lawyer's letter claimed that I needed to respond to the letter in writing within thirty days or I would be deemed guilty of the charges. I plan to send a letter of denial to the lawyer and my friend, but I don't know if my words can or will be construed to harm my situation.
Does he have a case against me?
What should my next step be?
Thankyou for all your time.
 
Last edited:


J

JasonRT

Guest
First of all this question does not belong in the Small Claims forum, it should have been posted under "Credit & Collection Problems."

You should *NOT* tell the story you told here in your response. You should send a letter to the attorney requesting:

1. Proof that any money was given.

2. Proof that money given, if any, was a loan.

3. Records of any payments made on the loan.

4. Repayment contracts or witnesses to any transactions.


If everything was done in cash and you advise them they will have to prove every aspect of their case, they will probably just go away. Sounds like you have really great friends.


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