what should i do if a friend owes me money and i have a written agreement?

Question

i loaned him money because he couldnt pay his rent, now he is being a jerk and trying to pick fights with me i think. Its 500 dollars and we have a written agreement but it wasnt notorized, just signed. Do i have any legal action?

Answer 1

Go to Conciliation court in your jurisdiction, fill out the paperwork to file your suit, and get instructions on proper service of those court documents to the respondent. You will not need an attorney for Conciliation/small claims court. On the day of your hearing, [assuming the opposing party has been properly served], bring with you to court all evidence of your agreement plus any witnesses who could testify to support your case. You may be asked to mediate your case that day, but if not asked to do mediation, you will be required to show all of your evidence to the opposing party and see if you can work out an agreement between you before going before the judge.
If you do present your case to the judge, stick to the allegations in your petition for suit, do not bring in personal extraneous stories or too much unrelated information, judges want to hear the facts and only things that relate to your claim.

If you have a written, signed agreement and any witnesses who can verify that agreement, you have a pretty strong case.

Your local courthouse will have pamphlets that describe the small claims / conciliation court process and all of its parts, such as service and appeals.

Answer 2

First notorized does not make something legal or not legal, it only proves who signed the document, That can be done by handwriting if needed anyway,

You would have legal action if you only had a verbal agreement, but a written agreement makes it easier to win.

Call him up, give him a chance to pay, and if not all you do is go down to small claims court and file a suit

Answer 3

Ooo... if you're not willing to never see the money, never loan it to friends or family. The feeling of being thankful for being bailed out of something quickly changes to a comparison of what YOU have and what THEY have... and why should they pay it back?

You have legal (civil) recourse with your signed document. Some of the people are suggesting small claims court, which is probably a good venue. I suppose you could also find a collection agent to sell the loan to, although you'd probably only get like 10 cents on the dollar.

Bottom line, be thankful it was $500 and not $5,000 and know never to do it again.

Answer 4

Of course you have legal action. The first thing you should do is to write him a demand letter. In no uncertain terms you should give him a deadline to repay your money (usually 10 days.) In the letter, you should also tell him that if he doesn't come to terms with you by the deadline that you will be forced to collect the debt through legal action. If he still balks, you have your choice of pursuing him in small claims court or hiring an attorney for district court. Since the document was likely drawn up by you or "the jerk," you probably didn't include any costs of collection or any language about default at all, so small claims is likely your better choice. Upon receiving a judgement from the court, you can force him to submit his assets for discovery if he refuses to pay. If he is just unable to pay, you have the option of garnishing his pay at his workplace.

Answer 5

You can go to small claims court for a claim of $500. In small claims, you don't need a lawyer, and there is a very small fee for the court appearance. Doesn't matter if the agreement isn't notorized, it'll hold up. If a judgement is entered against him it might be some time before you see the money (if he doesn't have it), but they could end up garnishing his wages.

Answer 6

hello,
If the letter states he is to pay back the money and the date he borrowed, a date or time limit the total amount is to be paid back by or when payments were to be made, you can file a small claims action against him in a local court. I believe if you call the court and ask about it they will give you the information you need to file against you friend. If he has picked a fight in front of someone else that can back you up the issue is getting out of hand, it is wise to ask if they are willing to go with you should you file a charge. Were there any witnesses to the signing? If so, ask the person or persons, to go to the court with you. Any person not involved with the agreement, family to mention one, is best to back you up. My sister-in-law took her employees(two) to small claims when they broke a written contract, i don't think it was notorized. She won.
Best of luck
God bless

Answer 7

The signed agreement is enough in small claims court for a judgment in your favor. Small claims court is a relaxed, friendly court where you do not need a lawyer and the judge hearing the case will walk you through the procedure. The problem you will encounter is a judgment does not mean you will collect, if the party does not wish to pay they are not forced to by the court. You would be better off to file in small claims court and then contact one of the court shows on T.V. Going on their shows means you will get paid whomever wins.

Answer 8

Yes! Small claims court, easy, cheap, and fair. You will win because it is a signed written agreement it need not be notorized.
Don`t loan money again.

Answer 9

Yes small claims Law Suit and your signed agreement will hold up in court

Answer 10

You may leagal action if you wish take leagal action . It has to written or recorded because in a court of law verbal contracts don't mean a thing - They can take it back a verbal contract. Consult someone before you do though.