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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 22611
Experience:  14 years practicing attorney, MBA
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I loaned money to an associate who lives out of state. When

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I loaned money to an associate who lives out of state. When I did this, he agreed to a payback plan, and ran into trouble paying it back, so we renegotiated the payments to give him more time to pay. He is now in violation of the more lenient payback plan, and I plan to file a civil complaint to compel him to pay me. He is very well off, making over 300k/year, and I believe I stand a very good chance to collect should this matter make it to court.

My questions is, how do I go about filing the papers for this matter to proceed? Does it matter that he lives out of state? Should I hire an attorney for this matter, or handle it on my own? If I should hire an attorney, which jurisdiction should they be in, and where can I find a list of lawyers?

thanks
Submitted: 11 months ago.
Category: Business Law
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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How much money are we talking about?
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Have you made a formal written demand for repayment that has been ignored?
.
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Thanks
Barrister
Customer: replied 11 months ago.

Hello,


 


He owed $26,000, of which he has repayed $1,000. I have made many demands to be paid, and he continues to tell me that he can't pay now, but in a few months he should be able to start making payments.

Expert:  Barrister replied 11 months ago.
Thank you for the additional information. Since this amount would be over the small claims limit, you would have to retain an attorney to file suit against the borrower for breach of contract. You would have to sue him in his state because his state is the one that would have personal jurisdiction over him. If he doesn't travel to or live in your state, then your state can't compel him to come there to defend a lawsuit.
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As for an attorney, you would need a general civil litigation or contract law attorney. Under my agreement with JustAnswer, I can't directly refer you to a specific attorney. However, customers have consistently reported good results with these sites:

.

www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

.

Thanks

Barrister

Customer: replied 11 months ago.

last question, thanks for your time. what kind of documents should I gather with regard to this debt? i.e. will emails been admissable? google chat transcripts? text messages?


 


lastly, would it matter if this debt was a loan made to an online account? i.e. if it was originally sent to his PokerStars account, an offshore poker room.


 


thanks

Expert:  Barrister replied 11 months ago.
what kind of documents should I gather with regard to this debt? i.e. will emails been admissable? google chat transcripts? text messages?
.
Yes, all of the above would be admissible to prove the existence of a contract that the other party has breached by not paying back. So anything you can gather will support your claim should the other party deny its existence.
.

lastly, would it matter if this debt was a loan made to an online account? i.e. if it was originally sent to his PokerStars account, an offshore poker room.

.

No, the destination where the money was sent is not relevant as long as you both were in the US when the transaction was entered into.

.

.

Thanks

Barrister

Barrister, Attorney
Category: Business Law
Satisfied Customers: 22611
Experience: 14 years practicing attorney, MBA
Barrister and 4 other Business Law Specialists are ready to help you

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