A friend borrowed money from an individual w/ contract and didn't pay back yet.Criminal or civil ?

Question

A hand written contract was signed by both parties stating the money has to be paid back w/ out a payback by date. Can civil or criminal penalties be charged legally.

Answer 1

it is civil
if it goes to court for "collection/payment"
include interest, court costs, and keep a record of times you tried to contact for payment (don't get nasty that goes against you for collection).......
and you may get your travel , and time missed from work to collect...
try making another phone call and asking politely, and then saying you have to go to court..

when you serve the notice..make sure you have a receipt...for proper service.
(you know they will say..they wern't served properly, etc)..
obviously you knew this "friend" could be a "jerk" and you had everything in writing.........which was smart..but you didn't put in a clause.....if they didn't pay..which would have provided for your expenses..so add it in the court ...

good luck......

Answer 2

it depends upon how much money did that individual borrowed, even though there is a contract there are some consequences that needs to be justify what if the lender doesn't have a permit to lend, you can't just say that it is criminal case or civil case but as of my knowledge most case like that turns into a civil case.

Answer 3

This is a civil matter because there is a contract involved. If there was no date specified, whoever signed doesn't have a leg to stand on. If the money had been stolen, then it would be criminal.

Um... hope.. it wasn't ... somebody who breaks legs or... likes to see people swim with cement overshoes... .

Answer 4

this is a civil case that can go to small claims depending on the size of the loan...

regardless of whether there is a date on the contract a small claims judge will decide what a reasonable amount of time it should have been...

Answer 5

I think the judge may inquire about the truth of the contract but it is indefinetely on hold without a pay back date.
If the individual that borrowed the money had any decency they would pay back the money.

Answer 6

This is a civil. As long as the amount is $5,000 or under you can take it to small claims court. If the loan is over the amount stated above. You can't take it to small claims.

I am going thru this right now. UGH.. I feel for your friend.

Answer 7

you're able to be waiting to persuade the court docket that a verbal contract existed. If he made a minimum of one fee, that should strengthen your place. assemble all information that should assist your place of a private loan. There could desire to have been some set repayment mode. in case you stated "in simple terms pay me back once you are able to", then you certainly will loose, because of open-ended nature of the "own loan". verify the fee of going to get a judgment and next probability of being paid on that judgment, vs. the fee of in simple terms loosing the money. My advice on lending money to a pal is flow forward and lend the money, yet continuously be arranged for it to magically substitute to a "present", or do not own loan the money in any respect,

Answer 8

It's a civil matter.

"As long as the amount is $5,000 or under you can take it to small claims court."

Small claims limits vary greatly from place to place. There is no universal amount. Where I live, a small claim is limited to $3,000 or less.

You need to check with your local court to find out the limit in YOUR area.

Answer 9

A civil judgement can be filed. Depending on the amount it could go to small claims.