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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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I have let someone borrow in excessive of 8k dollars. I have

Resolved Question:

I have let someone borrow in excessive of 8k dollars. I have received one payment in September of 240.00. .I have a promise of payment of 250.00 a month. can i take this person to court? if so what do i need?
Submitted: 6 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 6 years ago.

J.Hazelbaker :

Thank you for using JustAnswer.

Customer:

sure.

J.Hazelbaker :

Yes. An oral loan of money is an enforceable oral contract under Texas law.

Customer:

so what type of lawyer would i need to obtain?

J.Hazelbaker :

while the texts, emails, and voicemail don't create a written contract, they are evidence of your oral agreement.

J.Hazelbaker :

You simply need to print out the emails, text, and record the voicemail (and create a transcript). I would attach these to your complaint. You can also send a copy of these documents, with a copy of the complaint to the person, demonstrating that you are serious. give them one week to reach a settlement or inform them that the lawsuit will be filed.

Customer:

ok, and i will need all receipts etc. of everything i have paid?

Customer:

and i just file the complaint with the courts?

Customer:

claims court? it isn't considered small claims over 5k right?

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Expert:  J.Hazelbaker replied 6 years ago.
Sorry. There was a technical glitch and I didn't get those follow-up questions.

A trial lawyer or general practice lawyer would be fine, if you want to retain counsel. You can get a sample complaint online, copy it, and use that to send to the borrower to demand payment and show you're serious. It doesn't have to be perfect or the complaint you ultimately file. You just want to demonstrate you are serious.

Correct, it would not be a small claims matter, unless the pay down to $5k or less.

Yes. Your receipts for amounts lent would be necessary as well.

This would be regular district or trial court.
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