File in superior court for full amount ($10,200) of unpaid loan or file in small claims ($7,500) waiving the $2,700?

Asked about 3 years ago - Los Angeles, CA

Friend has stopped making payments on agreed amount of $350 a month for a car/personal loan. The original loan amount was $12,500. I have a signed contract, copies of all checks received as payment, and receipts given. Is it easier and cheaper to waive part of loan and file in small claims? thanks!

Attorney answers (4)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . It's usually easier, cheaper, and faster. But not always. Maybe if you sue in Superior Court, you'll scare your "friend" more into paying up, and they wouldn't be as scared of Small Claims court.

    Before you decide whether and where to sue, send the friend a demand letter for amount they owe. Send it by certified mail, return receipt requested, or by FedEx or by registered email (www.rPost.com). That way they know you're serious and you'll be able to prove their receipt. Warn them that once you sue, the lawsuit becomes a matter of public record, and give them a firm deadline, 2 or 3 days from their receipt of your letter, to pay you or you'll have to sue them. If they don't pay you by your deadline, follow through and sue.

    If you don't think they can pay the whole debt all at once, maybe you just need to scare them into resuming the monthly payments. And maybe you can get some personal property, maybe the title of the car or something else of value, as security for the loan until it's paid in full.

    PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me... more
  2. Susan Kathryn Ashabraner

    Contributor Level 13

    Answered . Does the contract provide for attorney fees to the prevailing party in a civil dispute?

  3. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . Waiving the $2700 and proceeding as a small claims case is going to be significantly FASTER and cheaper than a limited jurisdiction Superior Court action. In Los Angeles, a limited jurisdiction case might not get a trial date until 12 months from filing, whereas a small claims court case can go to trial as sooner as 30 to 45 days from filing.

    What you give up in small claims (beyond waiving the $2,700), however, is the right to appeal if you lose as a plaintiff and the right to recover attorney's fees.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
  4. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    Answered . it is quicker and easier and cheaper to file in small claims court. however, you will need to remit and waive anything over 7,500.00. This is a decision that you have to make once after doing a cost benefit analysis.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,447 answers this week

3,149 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,447 answers this week

3,149 attorneys answering