Legal Question in Civil Litigation in California
unpaid loan
I loaned someone 9,000.00. We put into writting what the arrangement was and we both signed it. He made the first payment but nothing since. Where and what forms do I need to sue him?
2 Answers from Attorneys
Re: unpaid loan
You can sue in small claims court for a max $7500 - go there and fill out the forms and pay the fees.
You can sue in Superior court for the full amount due. You can try to prepare the Complaint package and be your own attorney, but you wouldn't be entitled to any attorney fees if you win. If the agreement provides for attorney fees [which it doesn't sound like it does], then an attorney might be interested in handling the case if there is reasonable likelihood of being able to collect the judgment and fees.
Re: unpaid loan
As Mr. Nelson points out, one of the first things you have to do is find out if the other person has any money or assets, or was someone else part of plan not to pay you back.
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