Legal Question in Credit and Debt Law in Georgia

My school friend has cheated me on money he asked for constructing his home.

only evidence i have is a withdraw note on his name from Western union !!!


Asked on 11/21/15, 10:59 pm

1 Answer from Attorneys

Some friend. i guess he/she will not be getting a Christmas card this year.

Where does the friend live? If not in Georgia then unlikely he/she can be sued there.

How much does friend owe? How were they to repay the debt? When was the money owed?

A western union receipt, without more evidences only that you sent money. It does not tell whether the money was to be a loan or a gift. Gifts are gifts - they do not get repaid. Loans should be ideally represented by signing a promissory note.

What i would is write to the friend. Recite in the letter all the terms of the agreement - that you agreed to loan x dollars to friend, that you sent the money on x date via western union, that friend was to repay you either on demand/by a certain date in full OR in installments at a rate of x dollars per month until repaid. Advise that repayment date has come and gone or that you are now making a demand for the money. If the loan was to be repaid in installments, ask if the friend is going to start and when. Send this letter via FedEx or UPS with signature confirmation. Do not send via certified mail because people will not claim the letter.

Give the person 30 days to respond. See if you get something in back. If you get something in writing, hooray! You will now have some evidence of the debt. That is why you need to be nice in the initial letter - do not threaten or tell therm you will sue.

If the amount you loaned is within the limits of the small claims court where the debor resides, then you can sue him/her in that county. You will have to check with the court in that state or direct your question to a lawyer in that state regarding procedure. Usually you will have to show up and relate your side of the story to the judge. If you can show your letter and a response to the judge as well as your receipt, you should be able to get a judgment.

If you loaned more than the small claims amount, then you probably ought to consult a lawyer in that state to maximize your chance of getting a judgment and being able to collect thereon.

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Answered on 11/22/15, 9:33 pm


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