Legal Question in Civil Rights Law in Pennsylvania

Friend owes me $50,000 and not paying

I have a 2 written contracts with a friend that I loaned money to. One was a home equity loan and the other for a truck to be purchased. He also did work on my house and didn't complete it in which I paid him for.

I want to file a civil suit against him. I need to know what form I need to fill out and will they garnish his paycheck when I win the case? I also want to know if it is necessary for me to get an attorney? What options do I have? He stopped paying me for both loans. I have paperwork signed by him and also a witness that signed along with my signature. He is telling people I can't collect anything from him. I tried to help him out and now I am the one that is getting screwed! Please help! Thank you!


Asked on 11/21/04, 1:38 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Friend owes me $50,000 and not paying

To sue for $50,000, there is no "form" to fill out. You will have to file a lawsuit with the prothonotary's office, and you should most definitely get a lawyer to do so. (It's not like filing a small claim in a district justice's office.)

If you win the case, what happens next depends on what he has. If he had money and collateral, he would have been able to get loans from banks. If he owns a house, (you did mention a home equity loan) then you could put a lien on his house, and possibly seize some property. However, before you file a suit, you should make sure that there is something to collect.

If you believe that he did not ever have any intention of paying you back in the first place, you might be able to get someone interested in filing a criminal charge against him...or file a private criminal complaint yourself (it would have to be approved by the DA). If that happens (not incredibly likely) then if he is found guilty, he would be ordered to pay as a part of his sentence.

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Answered on 11/22/04, 5:29 pm


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