i have a friend who owns me 6000 dollars we do have a written agreement that states the first of every month she will pay 500 until the 6000 is paid . well the first of the month has come and gone so i called her and told her she owns me 500 since last week well she says i dont have the money so i cant pay you. now this written agreement was written by her lawyer and she had agreed to pay me every month. she owns her own store but tells me its a llc incorp so its not her store and i cant go after the store money and she is a retarment check she gets every month and again i was told no one can touch that because its a goverment check . so i said to her fine we will just go to court and i will get paid that way and she said i dont care i dont have the money so i cant pay you. wrong she has a store thats makes money and she gets paid every month. she signed the agreement and now wont follow thru so where do i stand will the court make her pay me she should o never agreed to pay me if she couldnt but she said i can pay that every month i want my money i was nice i loaned it to her and we have a agreement what do i do can i get my money back
Country relating to Question: United States
State (if USA): Massachusetts
talked to her but its not working she doesnt want to hear that she owns me money and i believe she has no intenton of paying me either
Thank you for the post, I am happy to assist you by answering your questions. Yes the court will make her pay you, the payment source would be her personal income, and while you cannot garnish her social security or retirement check, you can garnish her wages received from the LLC/Inc. so that rather than the LLC/Inc. pay her, a portion of what the business pays her would be paid to you. Please let me know if you need additional guidance or have any follow up questions.
Negotiate, Draft, and Review many complex commercial agreements each year.
i did find a business card and on the card it just says inc. and when i go to the stores website it states it is owned by her but she tells me its a llc. so if its just says inc does that mean all the money she gets from the store is hers. i was a nice friend and loaned her the money but all she says is i have no money i mean her lawyer wrote the agreement and she signed it . believe she has no intention of paying me. so i need to get a lawyer is this a civil case all i want is my money back we already lost our friendship and thats fine with me i learned to never Loan anyone money but at least i have a written agreement
Not necessarily, even as an inc the business is technically a separate entity which pays her, whether in the form of a salary, or shares/profits from the corporation. This is a civil claim as it is a Breach of Contract claim. Please let me know if you have any follow up questions.
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