Legal Question in Credit and Debt Law in Mississippi

I owe you's

A relative borrowed $3000.00 from me and gave me an I owe you on a piece of notebook paper. Can I collect this debt? He and his wife signed the I owe you. He lives in Mississippi and I live in Louisiana. Thanks


Asked on 5/06/07, 4:53 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: I owe you's

Dear Friend,

From the limited amount of information you have posted, I do not see any reason you cannot collect the money. Of course, if it is past due, then first make demand for payment. Then if the borrowers fail and/or refuse to pay, you can take legal action to obtain a money judgment and seek enforcement of it by the various means that the law of Louisiana and/or Mississippi allow, such as garnishment, seizure of property, etc. Now, if it gets to the point that you feel you need to institute legal action (sue), then you must make a decision as to where to institute suit. Whether or not Louisiana has jurisdiction to hear the matter depends on where the loan was made. If it was made in Louisiana, then the odds are pretty good that Louisiana has jurisdiction to decide the matter; but you would have to serve papers on the defendants upon their return to Louisiana, or according to what is known as the Louisiana "Long Arm" Statute, using the U.S. Postal service and mailing the citation and copy of the lawsuit to them so as to effect service of process. There is more to it all than this, but this is a beginning. Of course, there are always collection agencies; but, in my opinion, what they do you can do for you you can do for yourself; and no need to pay them a large percentage of the debt due to collect it for you. Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 5/06/07, 8:56 pm


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