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Richard, Attorney
Category: Business Law
Satisfied Customers: 53672
Experience:  32 years of experience practicing law and a businessman.
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I loaned a friend over $80,000 in December 2008, he signed

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I loaned a friend over $80,000 in December 2008, he signed a promissory note, I haven't received any of my money back. I took the money out of my IRA, and I had to pay taxes on the money. The transaction occurred in the state of Kansas. What do I do to sue and try and get my money?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. First, the statute of limitations in Kansas is 5 years from the due or the most recent payment, whichever is later. So, you want to file your suit before it runs out. Second, you will need to bring this suit in civil district court. Filing the suit will result in the collection options and leverage you are seeking. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 3 years ago.

Do I need a lawyer to file this civil suit?

Thanks for following up. Since this is too large a suit for small claims court, it would be advisable to engage an attorney to help you with this. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school.
Customer: replied 3 years ago.

I have won a judgment in small claims before, $300. I still didn't receive the money because it was left up to me to continue to chase the person down and still not be paid. Will that happen when I win this judgment?

It should not happen. After winning a suit, you, as the prevailing party, return to court with a motion to execute judgment and ask to examine the defendant’s financial and personal information to ascertain their employer and the location of any property or bank accounts. Once the prevailing party obtains that information in the court, the prevailing party would ask the court to issue an order of garnishment/seizure in order to satisfy the judgment. The court will then issue the order and the clerk will have the forms to serve on the banks or the employer.
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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!

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