Legal Question in Credit and Debt Law in Florida

Unpaid loan of $10,000

On June 9, 2003 I lent my ex-husband $10,000. He signed and dated a simple Loan Agreement acknowledging the loan and agreeing to repay it at $100 per month beginning July 15, 2003. I have never received any payment. I have given him more than enough time to make good on the loan - probably too much time. I would like to know if after all this time I have any recourse in recovering at least part of this money.

Thank you for your reply.


Asked on 2/13/07, 8:08 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Unpaid loan of $10,000

You can sue to obtain a $ judgment. Does he have assets to pay it?

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Answered on 2/13/07, 11:56 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Unpaid loan of $10,000

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes. You can file suit in your local county court for small claims. Be sure to set forth how much he owed, that you have a signed loan agreement and that he has made no payments. A copy of the loan agreement should be attached to the Complaint pursuant to Florida Rules of Civil Procedure 1.130.

Alternatively, you can hire an attorney to file the suit for you but the cost may be too expensive given the amount of the claim.

Scott R. Jay, Esq.

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Answered on 2/13/07, 12:39 pm


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