Legal Question in Credit and Debt Law in California
Someone owes me money
I have a hand written signed and dated document stating a promise to pay me back an amount of $10,000 dollars I lent out, this was about 3 years ago and this person has a restaining order on me, so what can I do to collect the money owed to me, which was for a car I purchased for this person and I also have the cancelled check in which I wrote to pay for the car, can someone give me guidance on this, I sure would appreciate it. Thanks
2 Answers from Attorneys
Re: Someone owes me money
You will have to file suit within four years of the other person's failure to pay. You may do so despite the restraining order. Since the amount is over $7,500, you will have to file it in superior court, limited jurisdiction. Or, you might choose to waive $2,500 and sue for only $7,500 in small claims court, for which you may not be represented by an attorney. If you delay, though, you will lose the right to sue and collect.
Re: Someone owes me money
You let a lawyer collect for you, and nobody violates the restraining order. Do not let the legal time limit expire.
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