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How soon can or should I file a claim in small claims court for non repayment of a personal loan?

Wilkes Barre, PA |

My wife made a personal loan to a co-worker in the amount of $400 to help prevent her from being evicted. The co-worker signed a document which reflected the total of loan, the amount and dates for the repayment ($50 each bi-weekly payday). She missed the first payment with a sob story and we are approaching the due date of the second payment. This loan was made by my wife who is soft hearted, but I am a realist and missing the first payment is not a good sign. How soon can or should we file a claim in small claims court if she misses the second payment. Any assistance or guidance is much appreciated since this is our first time having to deal with this.

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Attorney answers 3


Depending on the terms of your contract (for example, if there is a grace period to make payments after the due date) you would be able to file a breach of contract action with the relevant Magisterial District Judge as soon as the first payment is missed. Good luck.

Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided


I agree with Paul. File a lawsuit the first day you can. Show that you mean business.

Legal disclaimer: Jonathan Stone is a New Jersey-licensed attorney only. The information is not intended to be legal advice. You should consult an attorney regarding your particular circumstances. Answering this question on Avvo does not constitute legal advice, constitute legal representation or constitute an attorney-client privilege.


You can sue in small claims court as soon as there is a breach of the contract.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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