Legal Question in Credit and Debt Law in Georgia

Loaned friend $2,500 and have nothing in writing. Will not repay. How best to procede?


Asked on 5/13/11, 10:39 am

2 Answers from Attorneys

Never make a loan without a promissory note. When was the loan made? How was it made? Do you have anything at all in writing acknowledging the loan, like a text message, email or check on which was written "loan payment" in the memo line? That may be enough.

Even if you don't have that, write him a letter and send certified or via UPS/FedEx. You want some way to prove that you sent it and that he got it. In the letter outline the loan circumstances and ask for repayment. If he does not have the full amount, then offer payments, but require him to sign a promissory note providing for payments of whatever amount he can afford plus a reasonable rate of interest. If he does not respond, take him to small claims.

I assume your friend lived in Georgia. That is good as Georgia allows wage garnishment if you recover a judgment.

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Answered on 5/13/11, 11:23 am
Scott Riddle Law Office of Scott B. Riddle, LLC

About the only time you "loan" money to a friend is when you can afford, and are quite willing, to give them the money as a gift and their friendship is worth the strain.

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Answered on 5/22/11, 6:33 am


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