Debt collection laws in CA, civil lawsuit to collection $13,000 can i recover principal, interest and attorney fees

Asked about 6 years ago - Fremont, CA

I borrowed from my credit card ($13000) to loan to my friend. She knows that I borrowed the $ from my card. Can I sue her for the principal and interest? Do I really need a lawyer for this? I live in California. Thank you.

Attorney answers (1)

  1. Jonathan Gregg Stein

    Contributor Level 11

    2

    Lawyers agree

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    Answered . You can sue her if she does not pay you back. However, you have to prove the terms of the loan and that it was not a gift, which is likely going to her defense. It would be better if you had something in writing.

    Do you need a lawyer? No, but you don't NEED a doctor either. This is going to be complicated. For example, do you file a limited civil case or an unlimited case? Do you serve discovery? How much discovery can you serve? Are you required to attend a CMC? Look, if it were easy, we wouldn't have lawyers. But, its not. So we have lawyers who are professionals who do this all the time.

    If you don't want to hire an attorney, most of whom who do this on a contingency basis, then plan on spending a lot of hours at the law library learning what we learned in school.

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