i am trying to sue someone who owe me money. i need a letter to send that person to inform i will file a judg

Question

judgment against them. also how would i file, this person resides in new york. your help would be appreciated.

Answer 1

How much money was borrowed, and was there a contract signed are what will determine how you go about pursueing the collection. I'd have to say unless it was in excess of 7 grand, you'll likely be coming up short if you do take the time and effort to take them to court. Should you win the case, you still aren't guaranteed any payment but simply a legal determination that they do owe you. Unless it is child support or taxes the legal system will not garnish their wages, and at best all you can do it put a small damper on their credit report. Being a personal loan, you'd be lucky if any credit report even acknowledged it.
Learn a hard lesson real quick....you never loan money to friends or family....when they ask for it, if you can afford then give it freely even if you don't tell them it is a gift, but know that the liklihood is slim they will repay you even if they sincerely had intended to. Also know the more time that passes the less chance of payment, and in a Magistrates opinion the value decreases instead of gathering interest.
Sorry for ya, I had a horribly hard time learning that leson. One tip that is hard at first, but saves your butt is as a rule of thumb always say NO, usually one NO and they never come back asking. On the other hand, once you say YES, you have opened the door to a world of ongoing aggrevation. Your best bet if someone needs financial help and you have it to give, send it anonomously in a cashiers check via postal mail.

Answer 2

We need lots more information.

Your best bet is to get a lawyer, but I presume the amount isn't enough to make paying a lawyer worthwhile. Your next best bet is to go to a clinic or do-it-yourself legal shop where you can get some paralegal help doing it yourself.

I gather you haven't sued yet. If not, then send a letter saying that you intend to unless paid what you are owed by a certain date. Set forth how much you are owed and why. If enough money is at stake it might be worth hiring a lawyer to send the letter, even if you won't use the lawyer to sue.

After that, you need to file a complaint, which can probably be done wither where you live or in New York, but the rules are a little complicated. If you do it in NY, it might be slightly easier to collect.

Only after you win the suit do you get a judgment. Even with a judgment, it can be difficult and costly to collect what is owed. So you need to think about whether it is worth it to bring suit, which itself is difficult, time-consuming and costly. But I would definitely send the letter demanding payment.

Answer 3

What you are looking for is called a demand letter. This is a letter telling them if they do not pay the debt they owe, you will take them to court.

You can find out more and get a sample at: http://www.lectlaw.com/files/shl02.htm

Also, if you find this doesn't meet your needs, just run a query in google under "Demand Letter."

Answer 4

Try the sites below. Make sure to change the state to NY. Hope this helps you out!