personal loan to a friend, going to court...need advice

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Old Dec 19th, 2010, 08:45 AM   #1
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Default personal loan to a friend, going to court...need advice

I loaned a friend $1500 in August of 2008. She signed a contract stating that she would pay $200 at the 1st of each month begining September 1st of 2008. It also stated that she would pay 10% interest ($150), $2 a day for every day she was late past the 10th of the month, and in the event that I have to take her to court, she would have to pay any and all court costs. It is now December of 2010 and I have only received 3 payments (April 2010- $25, June 2010- $25, October 2010- $100.) She has missed the 2 court appearances and I now have a Show Cause summons issued and schedule for January 2011. I have information from her Facebook page that she's out spending money on meals with friends, layaways at stores, and also that she recently got a raise and a big Christmas bonus. She has lied several times about when she was going to pay me and also lied about not having any money. She has 2 employers and also sells Avon. What will happen at the hearing if she shows up? And most importantly, what will happen if she fails to appear for the 3rd time?
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Old Dec 19th, 2010, 09:33 AM   #2
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Default Re: loaned $$ to a friend, need advice

I wish to inform you that as your friend has not paid money therefore she is liable under breach of contract to pay you the amount due. In this regard if your friend appears in court then she may try to show that she is not liable. In case neither your friend nor her lawyer appears appears then you may apply for default judgment and may have a default judgment against your friend.

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Old Dec 19th, 2010, 02:58 PM   #3
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Default Re: personal loan to a friend, going to court...need advice

I wish to inform you that you may collect all the evidence in your favor and place it before the Court. You may inform the Court that there was a breach of contract by the other party. Further, you may show that your friend is out spending money on meals with friends, layaways at stores, and also that she recently got a raise and a big Christmas bonus. She has lied several times about when she was going to pay you and also lied about not having any money. She has 2 employers and also sells Avon. If she shows up for the hearing, she can place her side of the story from the Court. If she fails to appear the 3rd time, you may request the Court for exparte/Summary Judgment. The Court will consider all the facts and decide the matter.

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Old Dec 20th, 2010, 12:25 AM   #4
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Default Re: loaned $$ to a friend, need advice

I live in VA, and I was told if she doesn't appear for this court date that the court will issue a warrant for her arrest and make her appear in front of the judge. Is this true? She has already told a close friend that she won't go to court for this because she is guilty.
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Old Dec 20th, 2010, 12:31 AM   #5
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Default Re: personal loan to a friend, going to court...need advice

I live in VA, and I was told if she doesn't appear for this court date that the court will issue a warrant for her arrest and make her appear in front of the judge. Is this true? She has already missed 2 court dates, this would be the 3rd missed date. She has already told a close friend that she won't go to court for this because she is guilty. Thank you for your help.
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