personal loan to a friend, going to court...need advice
This is a discussion on personal loan to a friend, going to court...need advice within the Civil Litigation forum, part of the ATTORNEYS, COURTS, LITIGATION category; I loaned a friend $1500 in August of 2008. She signed a contract stating that she would pay $200 at ...
POST NEW QUESTION |
|
|
Thread Tools | Search this Thread | Rate Thread | Display Modes |
|
|
#1 |
|
Guest
Posts: n/a
|
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?
|
|
| Sponsored Links |
| Criminal law issues? Contact leading defense lawyers now! Free immediate consultation! |
|
|
#2 |
|
Top Level Member
Join Date: Dec 2009
Posts: 12,615
|
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.
AFF |
|
|
|
|
|
#3 |
|
Top Level Member
Join Date: Dec 2009
Posts: 12,615
|
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.
AFF |
|
|
|
|
|
#4 |
|
Junior Member
Country:
Join Date: Dec 2010
Posts: 3
|
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.
|
|
|
|
|
|
#5 |
|
Junior Member
Country:
Join Date: Dec 2010
Posts: 3
|
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.
|
|
|
|
![]() |
| Bookmark & Share |
| Tags |
| None |
This thread has 4 replies and has been viewed 1373 times
| Thread Tools | Search this Thread |
| Display Modes | Rate This Thread |
|
|
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| PERSONAL LOAN AND CREDIT LOAN LEFT IN DUBAI AND CONTINUED PAYING IN PHILIPPINES | Unregistered | Debt Collection | 40 | Yesterday 01:22 AM |
| Bank Loan Fraudulence -- personal particulars for bank loan | Unregistered | Credit Cards, Banking, Securities | 2 | Mar 3rd, 2011 08:05 PM |
| Advice from India regarding Car-Loan Law and court summons | Unregistered | Debt Collection | 1 | Feb 23rd, 2010 11:44 AM |
| 2 loans: one car loan secured on car, the other unsecured personal loan | gdublin | Debt Collection | 0 | Oct 24th, 2008 06:40 AM |
| Personal Loan: Is it legal for the loan company to divulge personal information | Unregistered | Debt Collection | 1 | Jan 7th, 2007 02:23 PM |
Criminal law issues? Contact leading defense lawyers now! Free immediate consultation!
All times are GMT -5. The time now is 03:12 PM.









Linear Mode

