with her but she refuses to pay me back and starts to diss me. i've been sending her a letter and try to communicate with her but she does not respond. i'm frustrated about it. Is there any way i can get my money back?
Assuming you have no writing, you should write a brief demand letter for payment. Then you should sue her. If you had the huge amounts of money to lend her, you should consider a modest amount of money for a lawyer to make sure you win the case in an efficient manner and are able to execute on your judgment.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
You need to sue this person, and you need to do so before the applicable statutes of limitations have passed. In California, the statutes of limitation for breach of verbal agreements and written agreements are 2 years and 4 years, respectively. If the amount in question is $10,000 or less, you can bring your own action in the Small Claims Court. Be sure to consult your own attorney to protect your legal rights.
I don't know what you consider a "huge" amount of money. I also don't know if you have a promissory note or other writing evidencing this loan. However, if the amount you seek is $10,000 or less, you can sue in small claims court in California. Keep in mind that the statute of limitations for breach of oral contract in California is only 2 years from breach.
Unless and until you obtain a judgment, you won't be able to implement any of the enforcement of judgment procedures.
Also know that a judgment accrues interest at the rate of 10% per annum, so it is in your best interest to have a judgment as soon as possible.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
you need to file a lawsuit and sue her for the return of your money. How much money did she borrow from you? How long ago did they borrow the money? I have handled numerous similar situations.
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