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If I agreed to take a loan out for a friend and they then cut of communication and haven't paid it back to me, can I take action

Adamsville, AL |

If I agreed to take a loan out for a friend and they then cut of communication and haven't paid it back to me, can I take action? - interest has got very high, and i'm finding it hard to repay. If I can prove that there was an agreement with my friend to pay me, can I go to small claims to try and recover this?

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Attorney answers 2

Posted

How much was the loan? what it over $500? do you have evidence of the loan? check with a notation that it was a loan? emails between you and the borrower?
If it was a loan for over $500 you will need some sort of paper trial to evidence the existience of the loan. If you have this then you should be able to recover it in a lawsuit.

Posted

You can certainly file a lawsuit against the person. The court where you file is determined by the amount of the debt involved. A key component, as pointed out, is whether it was a "loan" or a "gift." Evidence of prior payments, the existence of a written agreement, or written promises to pay, are critical.
But then, after you win, comes the really hard part, collecting money from someone who does not have any.

I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.

Asker

Posted

Thanks for your very helpful answer Mr. Brewer. This person is working. Is there a judgment to garnish wages which I could apply for? I believe this is in the small claims boundary, however, are text and e-mails admissible?

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