Yes you sue in small claims court. You sue in your county. Make sure you bring a copy of the text messages with you to court showing it is a loan.
As mentioned previously, however, a collection agency may try to sue you for the unpaid amounts you owe, attempt to garnish your wages, or place a lien on your home through a court order. 5 And, as with a secured loan, you can expect a serious impact on your credit score.
What you can do, is send your friend a letter or email and tell him that his debts past due and you want your money. Give him a date you want it from, or you will go to small claims court and file a charge against him. If you do not hear from him, go to the court house, division of small claims and file a complaint.
Yes, you can sue someone for money you loaned to them. A verbal agreement is usually enforceable. You'll have to be able to prove the terms of the agreement and hopefully you can do that through your bank records and text messages.
A long time ago, it was legal for people to go to jail over unpaid debts. Fortunately, debtors' prisons were outlawed by Congress in 1833. As a result, you can't go to jail for owing unpaid debts anymore.
Unless the matter also involves violence or an immediate threat there is really not much that the police can do for you if someone owes you money on a loan. More likely, the police will direct you to sue them in court, and depending on the amount you are owed you can file the lawsuit in small claims court.
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
Pursue legal action
They can send a letter requesting immediate payment. This includes copies of the initial contract and invoices as proof of the terms of the agreement between you and the client. A lawyer can also help if you choose to move forward with a lien or lawsuit against the client who is refusing to pay.
The police do not care about an agreement to repay a loan. It is not a crime per se, it is a civil tort issue. You have to sue the person to retrieve your money, the police can't help..
The short answer is yes, you may have a claim for someone who broke a promise to you.
contact the person and try to come to another agreement. send a letter demanding payment (called a letter of demand) if the loan is to a company, there may be more options available to you. You should get legal advice.
If you can't resolve the loan dispute on your own, consider legal action. Unfortunately, that's not a reality for everyone. When clear, consistent payment reminders and communication don't work, lenders may consider legal action to collect an unpaid loan. Seek legal advice before proceeding with any legal action.
You cannot be arrested or sentenced to prison for not paying off debt such as student loans, credit cards, personal loans, car loans, home loans or medical bills. A debt collector can, however, file a lawsuit against you in state civil court to collect money that you owe.
Hourly basis: A lawyer who works with you on an hourly basis will charge you for each hour of the time they give you. Hourly rates will vary depending on the layer and your case but can range anywhere from $199 to $295 per hour.
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
More frequently than most consumers probably realize. While precise statistics are difficult to come by, legal experts estimate that several million debt collection lawsuits get filed across the United States every single year.
If you're wondering about how to stop most frivolous lawsuits, you must contact an experienced attorney who can advise you on the best course of action to take. Very often, a wise option is to settle out of court by apologizing or offering a small compensation to resolve the issue even if you were not at fault.
Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.
By: Rob West & Jim Henry. “The wicked borrow and do not repay, but the righteous give generously.” - Psalm 37:21.
The California statute of limitations for filing a judgment is ten years. If the debtor cannot pay or complete payment within this time, you must renew the judgment. The judgment must continue to be renewed to ensure the debtor pays the full amount.
You may be taken to court
On that note, you can be sued for not paying back a payday loan, even if the loan amount is small.
Hush money can be money paid in exchange for a non-disclosure agreement. It can also be an agreement to say that something did not happen even though it did, even in court testimony. The latter type of agreement can be a criminal act itself as an obstruction of justice or perjury.