Saturday, June 28, 2008

What type of lawyer do I need to speak to about loaning someone money that hasnt paid it back yet? -

I lent my unlce 11,000 dollars and waws told it would be paid a month later and then he told me it wouldbe paid by the 3rd week of Oct. I am looking to speak to a lawyer to take this to court and want to know which is the right lawyer to speak to.

just a general lawyer will do.

Did you get anything in writing? If not, perhaps while he s still back pedaling on the payment, you should try to get him to sign an agreement indicating the amount he borrowed and when he now intends to will pay the money back. If he s signed anything or if you have other evidence of the transaction, save all evidence! You really need an attorney! $11K is a lot of money and if he hasn t paid you back, I think it s bad news. $11K is probably too large an amount to try to sue for in Small Claims Court (where the rules of evidence are more flexible) so you just need an attorney. I m not attorney, but I do know that you need to act timely to protect your rights! Get a Lawyer. It will be money well spent. ALWAYS GET A WRITTEN LOAN AGREEMENT THAT IS SIGNED AND DATED BY THE PARTIES!!!! It is all too easy for the other party to claim the loan was a gift if you don t have it in writing. Never lend money that would cause problems if you didn t get it back. (That s advice from the voice of experience....) Just about any lawyer could help you with this matter. When you call for an appointment with the attorney, ask the secretary if he handles this type of problem and what the charge is for a consultation.... GOOD LUCK.

Collection Attorney, but before you do that, try to resolve the matter between you and your Uncle. Arrange a payment schedule, ask him borrow the money from someone else to fufill his committment to you. He still may end up owing the money to someone else, but you aren t dealing with it anymore.

First off - do NOT pretend to be a lawyer like the previous answer. Generally, any lawyer can probably help you with a collections matter. (Most large collection firms work for big corporate clients, but a smaller firm may take case by case basis). If you use a collection attorney, you will probably be charged a contingency fee (i.e. he gets a percent of whatever he recovers). If you use a general practice attorney, you may get a flat rate (e.g. $100 x hr) or a flat fee ($500 total). Ask around if anyone knows an attorney they recommend from experience and then try to talk to a couple to get yourself the best deal.

Judge Judy? You probably can get away with renting a PO box, and creating amp; sending a phony letter saying you re (somebody) representing (you) and send the money to the PO box, do not contact (you) directly. Don t say you re a lawyer in the letter though. That d be representing yourself as an attorney, which is against the law. But you can make up an alias and say (the alias) is representing (you) in this matter. Got it? If that doesn t work, then hire a real lawyer.

Most lawyers would probably be able to help (or at least scare the crap out of him). A lawyer who specializes in contracts may have more experience with this sort of thing, and will probably be able to provide you with clearer answers about your specific situation. Sometimes courts look at monetary transactions between family members not as contracts, but as gifts or quot;gratuitous promisesquot;

Did he sign anything? Did you have any witness to the verbal agreement (if nothing signed)? If not, you aren t getting anything. You could threaten him with a lawyer s letter, but it will have no teeth. Court will be expensive, as $11,000 will go beyond small claims court.

Depends on if you had an actual contract with him and what the terms of the loan are also. You may be able to actually just contact a collection agency.

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