I have an old friend. He was broke, he asked some help.
So I gave him some money. About 1500.
He supposed to pay me back in few weeks. He didnt.
It s been a while now.
He says he still having problems but he ll pay eventually.
He also accepted to sign a document so I can sue him in case he doesnt pay in few weeks.
I said yes. Now I need to prepare such document.
So my question is:
Does it have a legal binding if its just between me and him?
Or Do we have to go to notery public?
2007-10-20 14:03:14 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Get something in writing as soon as you can!!! The notary seal will help prevent your friend from stating that he never got into a contract (an agreement) to pay you. It's basically a third party witness.
Your contract doesn't have to be anything special. You should include both your full names and addresses, the fact that the money has already been loaned, the amount owed, and a date full payment is due or a partial-payment schedule. YOU write this, don't waste your time having your deadbeat "friend" assist in helping you to limit your right to repayment.
You can attach a copy of that notarized document to the back of a small claims filing (about $40??) if you have to take things that far. It will be very hard for the "friend" to get out of that one.
But buddy, if he was broke, you can get a judgment in small claims court, but that doesn't mean you'll get the money back. A judgment is just a legal right to collect it if you can find it... hope he has a job!
Good luck, hope this helps.
2007-10-20 14:11:54 · answer #1 · answered by Shell Answer Man 5 · 2⤊ 0⤋
Yeah, you had a legally binding agreement when you loaned him the money and asked him to repay you. Problem is, how do you prove it? It definitely helps to get it in writing and signed before a notary public.
HOWEVER, your biggest problem isn't proving the agreement, but having him pay you back. Sure, you may get a judgment, but if he doesn't have any cash, you better hope he has a job, as Shellans says. You would have to ask the court to order an income set aside - that way, his employer takes out a portion of his paycheck, to pay you, so that his earned income never falls into his hands.
Good luck.
2007-10-20 22:05:14 · answer #2 · answered by Jimmy 4 · 1⤊ 0⤋
Be very polite and ask her if she forgot the money. Or Plan B ask her to buy something you need and tell him/her that that way the money you owe can be nulled, or say and then you will owe me just this much...or I will owe you this much depending on the amount. I wish you mentioned how much does your friend owe. If it is a big amount you must ask for it...if it is a small amount just think it to be part of investment in friendship. Thirdly- Try remembering if you owed in past too.
2016-05-23 22:52:23 · answer #3 · answered by ? 3 · 0⤊ 0⤋
It is binding if it is just the two of you. In fact, many verbal contracts such as these are binding (as long as they are not real estate realated) I would get the paper anyway, because it is easier to prove than verbal.
2007-10-20 14:08:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sounds like he does not plan to pay you. You can just type something up and both sign it. It should be good enough.
2007-10-20 14:11:31 · answer #5 · answered by wife2denizmoi 5 · 1⤊ 0⤋
I was wondering if I could borry about $999.99 from you.
I promiss I'll pay ye back as soon as my boat comes in.
2007-10-20 15:12:34 · answer #6 · answered by topink 6 · 1⤊ 1⤋
the entire thing sounds made up
----retired texas deputy sheriff----
2007-10-20 14:30:23 · answer #7 · answered by charlsyeh 7 · 0⤊ 3⤋