Legal Question in Consumer Law in Illinois

Nonrepayment of bond and personal loan

In July 2003, I posted $800 bond to bail a ''friend'' out of jail, plus I lent him several hundred dollars while he was temporarily living on my couch. I have record of the bail bond, but no record of the personal loans. He promised to repay me $1,500 for the bail bond and cash loans, and for letting him live at my place for about 3 weeks. He put it in writing and signed it, but that disappeared when he did. I've had cell-phone contact with him but don't know where he lives. He has made no effort to repay me and no longer responds to my calls. Is small-claims court my only option, or can I hire a collection service? If the former, how do I go about getting his address so he can be served? What are my chances of getting a favorable judgment, and does that do anything in the end to improve my chances of getting at least some of my money back? Or am I just sending good money after bad in filing a claim?


Asked on 1/12/05, 3:27 pm

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

Re: Nonrepayment of bond and personal loan

As with any collection activity you have to make to decide if pursuing this individual is worth the addtional time and money.

Since you have it in writing that he owes you the money then you are in a better position then most people who sue based on an oral agreement. However, you state that you have no idea where this person is and you have no employment information on this person. So serving his is going to be difficult plus if you do get service then you still have to obtain the judgment and if you get the judgment then you still have to collect on the judgment. Remember a judgment is just a piece of paper which says the court has ruled that someone owes you money. Once you get that paper then you have to try to collect on it through voluntary payment, wage deductions, bank citations etc etc.

I am not saying that its impossible but it will require additional time and expense on your part.

I doubt any collection agency would touch this account.

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Answered on 1/16/05, 4:03 pm


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