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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23094
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I loaned my employer 23000 dues to personal reason , but now

Resolved Question:

I loaned my employer 23000 dues to personal reason , but now he is refusing to give back the money also he has renamed his company , i left his company as he was not paying regularly afterwards . he is is cedar rapids and i am currently now in NJ . how can i get back my money and what charges can i sue him .
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Do you have proof of the loan to him? (i.e. a written agreement to repay, bank records, cancelled check, etc.)
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Was there a set date for repayment?
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Was he to pay you interest on the loan?
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Thanks
Barrister
Customer: replied 1 year ago.
he has letter given and the words "#####comapny name### XXXXX employed sachit### XXXXX april to feb .msu offered yo pay sachit 5000/month for next month for total of 25,000 to pay off money that sachitanand has loaned ##company name## XXXXX past two years."

but after the 5 month he was only able to deposit 2000 .
also his comapny is renmaed to new comapnay name.so i am not sure wether his old comapny is closed or he has filed bankcruptcy
Expert:  Barrister replied 1 year ago.
Ok, did you loan the money directly to the owner or did you loan it to the company?
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If you made a check out for the loan, who was it payable to?
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Thanks
Barrister
Customer: replied 1 year ago.
it wasnt any loan or check i paid he has deducted them from my salary paystubs , everytime given soem reason of hospitalisation or anything else and telling me that he will cover it up . on humanitarian ground as he is old i thought he will cover up but the pending went up . but he agrees he owe me money as i have link of emails and messages of his acceptance he not paying me the .
Expert:  Barrister replied 1 year ago.
Ok, if he owes you money for your wages that he hasn't paid, then your recourse would be to file suit against him for breach of contract in Iowa where he is located. Since this is over the small claims limit, you would have to hire an attorney to file the complaint and summons against him for breach of contract.
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The problem arises if he filed bankruptcy. If he did, and listed you as a creditor, then if the bankruptcy was completed, it would wipe out the debt he owes you. However, if he filed BK and you were listed as a creditor, then you should have received notice from the BK court about your claim. If you didn't receive anything, then either he didn't file BK or he didn't list you as a creditor.
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So you would need to contact an attorney in Iowa to begin the process of suing him. If he is the sole owner of the business, even if he closed it down, he could likely be held personally liable for the debt if he has agreed that he owes you in any correspondence he has sent you.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 23094
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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