the borrower owe $45000 and is delinquent. he treaten me I will not get a penny back if I sue, and told me he eventraly will pay if I ask in peace. there was a notorized contract with promised colateral not dilvered and promised lien on their house they are not willing to sign.
What should be my stratagy now to get my money back??? their voilation of the contract caused mental illness of my family and a lot of liquidated damages. How should I do to get my money back?? wait at their mercy?? or force them through law??? what are the odds of success for each way??
I answered this question several minutes ago. Contact a lawyer, do so immediately, and bring suit. Clearly, the other side is stalling. Be advised, it would seem that bankruptcy is a viable issue that you may have to contend with.
-Adam Jaffe Law Office of Adam Jay Jaffe PO Box 2437 Camarillo, CA 93011-2437 (805) 504-2223 www.smallclaimsappeals.com Adam@SmallClaimsAppeals.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.
There are too many variables in your question to give you good advice. You say there is a contract. The contract holds much of the answer to your question. For example, does the contract spell out what happens if the borrower is in default? Sit down and read your contract to see if you can find some of your answers there. Otherwise, the only way you are going to get good legal advice is to seek out a business attorney and let him/her read the contract and any other documents you have concerning your agreement. If the borrower made some payments, your case will be much more likely to prevail. Good Luck
This is not legal advice.
Without seeing the contract, it is impossible to discuss.
Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law -- email@example.com
Your question is hard to answer. Generally, to win a court case you must have facts to prove that the potential defendant breached his or her obligation to and you suffered damages as a result. So, it will be helpful if you have a contract or promissory note or other written evidence of the obligation. Even letters or emails in which the borrower acknowledges the debt may suffice. Why don't you give a bit more information--specific facts?