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I loaned a business associate $20k a few years ago, and we had a payback contract which she didn't follow, and now had a stroke.

Los Altos Hills, CA |

She has avoided my calls and emails for the 3 years, and now has suffered a stroke and is receiving disability. I don't know the extent of her stroke as she's not returning my calls, and don't know if I now have a legal leg to stand on. She has no collateral.

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Attorney answers 1

Posted

1. You can sue, assuming you have a contract
2. The question is, is it worth spending the money to get a judgment if she has no assets to go after (i.e. are you spending good money to go after bad) - and that is a question you have to ask.

If she has a home, you may wish to sue, win, then put a lien on and wait until the home is sold (assuming equity is there or will be there).

This is just general information. Without seeing paperwork I can't give specific advice.

Good luck with your situation.

Matthew Williamson

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