Legal Question in Credit and Debt Law in California

I loaned a friend $20,000. I have an attorney drawn promissory note singed and notarized. I have received $5,500 to date - loan is overdue. I live in LA, maker of note lives in NY. Can I file a suit in LA? What is a reasonable attorney fee to file and collect? The promissory note provides for reasonable fee for default.


Asked on 9/10/10, 8:33 am

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

You can sue in three places. Where the contract was entered into, where the contract is to be performed, and where the defendant lives or has his principal place of business.

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Answered on 9/15/10, 8:47 am

Whether you can file suit in LA depends on a number of factors, primarily whether the note was signed in California. If so, you definitely can file in the county in which it was signed, whether that is LA or Orange or wherever. If the contract was made outside California, getting California jurisdiction might be possible but not easy. It would depend on the details of the transaction. As for what is a reasonable fee, that is a determination that the court makes at the end of the case when you apply for the fees along with your judgment, and would depend on how hard the debtor fights the case. If he just defaults, it would be very little. If he makes you go to trial, it could be half the debt.

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Answered on 9/15/10, 8:47 am


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