Legal Question in Credit and Debt Law in Massachusetts
Can I sue for a breach of contract? Long story short, a frind has owed me money, which started may of 2015 through October of 2015. She's made promises to pay me back and agreements in writing, which she never held up. Finally I sued her in court this past may. We went through mediation, where she admitted to amd agreed to pay me back by july 13. With a second date set to review her payments which she hasn't made. Leaving the contract breached, a debt still unpaid. Aside from still being out the entire amount of 2370, $745 of it is on my credit card which I'm workin on paying back and is accrued interest that I have to pay back, which I wasn't originally suing for, but as time goes on I'm losing more money because of her negligence to pay
1 Answer from Attorneys
Sure you can sue her for breach of contract. You're already suing her for the loan, which is breach of contract. Now she's breached a second contract of when to pay.
You can sue her all you want. Your goal is to get a judgment and bring her to court after that to make her pay.
You wrote that she is negligent in not paying you. Negligence means something different from breach of contract, but that doesn't matter. What matters is that she probably does not have the money to pay you, and she probably has other debts you don't know about, no matter how well you think you know her. So keep spending your time if you think she is intentionally refusing to pay, or give it up if she just can't pay. Get your judgment - it's good for 20 years, but she'll probably file bankruptcy long before then.
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