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Process for filing lawsuit to collect on unpaid promissory note under CA collection laws, can i also get attorney's feesI lent friends a large sum of money. They signed a promissory note and did not pay back the money when it was due. If I file a lawsuit, what are my chances of recouping the money, how long would it take and would they be responsible for my attorney and court fees? Attorney answers (1)
Reputation Level 11
Answered over 3 years ago.
Debt Collection Attorney in Elk Grove, CA.
You can sue the person to recover the money. If the amount is under $7,500, you can sue in small claims court. If you do that, email me at smallclaims@jonathangstein.com for my e-book on small claims court. If it is over $7,500, you should sue in superior court. You should talk to an attorney about that. You may have to retain an attorney or ask for an attorney to consult with you. Your chances of collecting are probably slim, however.
As for attorneys fees, you probably cannot recover attorneys fees, but you can recover court fees. 10 people marked this answer as good
Lesley Abigail Hoenig, licensed in Michigan and 2 other states
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Other answers (1)
shawnruss
Answered by a user, almost 2 years ago.
I work in Newport Beach with an attorney that has had success collecting on Notes that are currently in foreclosure or have been wiped out by a foreclosure. There are a lot of factors involved in determining if we are able to collect. It is also important to know how to locate the borrower's assets which they may attempt to hide. We can take a look at your case and if it looks promising for you we can arrange to represent you on a contingency basis (so that you will not be burdened with any upfront costs). We would only get paid if we are able to collect. Feel free to send me an email if you are interested and we can meet and discuss your case. shawnruss@hotmail.com
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