Suing someone for $3500

[helicopter23]

A friend of mine lended his neighbor $3500 that was suppose to be paid back 2 months ago, what can he do legally?

[durito]

Break their legs

[tullamore]

Is there a contract?

[helicopter23]

Is there a contract?

As far as I know yes, stating the amount and when it was suppose to be paid back by with a signature.

[pavyracer]

Call the mob.

[mmike032]

pay a lawyer $4500 and he will get the $3500 owed

[tullamore]

Call his phone every 15 minutes till the debt is paid.

[helicopter23]

Call his phone every 15 minutes till the debt is paid.

My friend is doing that and the guy is coming up with every excuse in the book. What process does he take to sue him and if he wins what would expenses be and how long would it take to get money back and how?

[mmike032]

even if you win the judgement it is still his responsibilty to collect the money.
the court doesnt collect for you, so still a good chance he want see a dime even after paying court cost, fees, lost time, etc...

[robmpink]

Have Rogue Scholar bother him. It is a lock your buddy will get paid asap.

[pimike]

Civil case go to small claims. You will get a judgmnet against them. It will hurt their credit.


NO Attorney needed or allowed in a small claims case.

[helicopter23]

even if you win the judgement it is still his responsibilty to collect the money.
the court doesnt collect for you, so still a good chance he want see a dime even after paying court cost, fees, lost time, etc...

Can't they garnish his wages?

[tullamore]

My friend is doing that and the guy is coming up with every excuse in the book. What process does he take to sue him and if he wins what would expenses be and how long would it take to get money back and how?

Does the guy who owes the money own any property, a lien could be placed on the property. You could sue, but then you have to deal with lawyers fees. Could take him to small claims court w/o a lawyer.

[flyingillini]

The majority of people that win in Small Claims Court ever collect. That is a completely whole different process to collect. Usually the people that are getting sued in SCC have nothing to begin with to start, very hard to collect. They don't care about their credit either so it makes it harder.

[helicopter23]

Does the guy who owes the money own any property, a lien could be placed on the property. You could sue, but then you have to deal with lawyers fees. Could take him to small claims court w/o a lawyer.

What's the most you can sue in small claims because my friend's owed $3500?

[flyingillini]

5k in California

[pimike]

What's the most you can sue in small claims because my friend's owed $3500?

5-7 G's depending your state

[pimike]

5k in California

7 if not buisness

[tullamore]

What's the most you can sue in small claims because my friend's owed $3500?

I think it depends on the state. Can the guy pay or is he broke? Even if your buddy takes him to court and wins, if the guy has no money your not going to get paid.

[helicopter23]

7 if not buisness

Hes in NY

[helicopter23]

I think it depends on the state. Can the guy pay or is he broke? Even if your buddy takes him to court and wins, if the guy has no money your not going to get paid.

The neighbor moved next to my friend about 1.5 years ago, the house might be worth 60k.

[mmike032]

I have had a lien on someones property since last year for not being payed by a GC after complteing work.
I am owed about $2500 from that job. and in order to perfect the lien I have to file a lawsuit by next month but I have already wrote it off as a lose.
its not worth the time and hassle cause the GC has since went out of business, and more than likely I wouldnt get a dime from them

[tullamore]

Putting a lien on a house is a hassle, and really doesn't accomplish much. Tell your friend to look into writing the loan loss off on his taxes.

[daggerkobe]

Just sue em in small claims court. Max you can sue for in small claims court depends on the state, usually between $3000-5000.

Did your friend loan the money with interest? If so, he could have violated the usury law depending on what rate he charged his neighbor. I believe the most you can charge is around 18%. Any higher and you're considered a loan shark and the judge will penalize you for double the interest. So if he loaned $3500 expecting $6000 including interest, judge will award the neighbor $5000 (2500 x 2).