I let a friend borrow money using an oral contract that was witnessed by at least 3 other people.
We made it clear that he was expected to pay back the money within the next 6 months, this was about 8 months ago, I have yet to see any of that money back, do I have any chance of getting my money back?
This type of civil suit is called an action for money loaned, or for money had and received. , The statute of limitation in Kansas on this type of loan is three years. How much money was loaned in your case? If the amount of money loaned falls under your jurisdictional level of claims allowed in a small claims court, you can file suit against the debtor in a Kansas small claims court in the county where the debtor resides. If the loan was for a larger amount, I would consult a local attorney to help you file suit, and collect the judgment.
Great answer above. You should file suit. But, because you do and if you win does not mean it's collectible
Mr. Harrell knows his Kansas law. I would just add that you can elect to have any attorney handle the case for your in civil court regardless of the amount of money involved. You're not forced into small claims court if the amount of money is less than $4,000, you just have that option. Attorneys are not allowed in small claims court. Also, these actions are just brought as breach of contract cases in Kansas. I've never seen a cause of action in Kansas styled as money loaned or money had and received.
First, yes you have a chance at getting your money back. You can use the small claims court procedure and not have to incur the expense of an attorney if the amount is relatively small. The problem will probably not be winning the case. The problem will be collecting the judgment. You will probably need the services of an attorney in using legal methods to collect the judgment that I believe you will get. Garnishment of wages and bank accounts is permissible in Kansas and are effective methods of collection. However, you have to be careful when you use any after judgment method of collection. Many lawyers in small towns in Kansas are willing to help in these cases.
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