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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 47092
Experience:  32 years of experience practicing law and a businessman.
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Im trying to recover $9000 personal loan to a person out of

Customer Question

I'm trying to recover $9000 personal loan to a person out of state in California. I only have banks wire transfer paper work to his bank account.
What legal action can I take and do I do it.?
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. In what state is this person located? Does this person have any contacts with the State of California? And, do you have or could you get anything...email, text, voicemail...evidencing this to be a loan rather than a gift? Thanks.
Customer: replied 1 year ago.
He is a family member.. Phone Texts were exchange requesting the loan.. He borrowed the money over a year ago. The banks wire transfer paper work has his name and account number. That's all I have..
Expert:  Richard replied 1 year ago.
Thanks so much for following up. Unfortunately, you would have to file your suit against him in his state unless he comes to California and you can serve him in California. But, the suit will give you the collection options and leverage you need 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.


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Richard, Attorney
Category: Business Law
Satisfied Customers: 47092
Experience: 32 years of experience practicing law and a businessman.
Richard and 5 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.
I'm in Texas and he is in California.. How do I file the suit and do the serving process .?
Expert:  Richard replied 1 year ago.
Thanks for clarifying...I misunderstood who was in California and who was not. I apologize. Ok..if he has any connections to Texas and/or he comes to Texas, you can file your suit in Texas. Otherwise, you would need to file in California. But, in either case, you can file this in small claims court because it is within the limit of both states and thus you need not engage a lawyer for this. You would simply complete and file a simple complaint form in the small claims court of the county in which you are going to file the suit. Once filed, the court clerk will facilitate serving process. Someone can file this for you, but you will need to appear for the hearing. I have provided you a link for the process in both the Texas and California which I think will guide you through this step by step.

Texas: http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/HowtoSueinSmallClaimsCourt.pdf


California: http://www.courts.ca.gov/selfhelp-smallclaims.htm
Customer: replied 1 year ago.

Thank you very much

Expert:  Richard replied 1 year ago.
You're welcome...it's my pleasure to help! Take care!
Expert:  Richard replied 1 year ago.
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! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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