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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I paid my friends car loan off and she agreed to pay me back

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I paid my friends car loan off and she agreed to pay me back in installments of $250 every month. I have only received 1 payment and now she stated that she can't pay me till next year. I have 6 posted dated checks written from her.
Thank you for your question. Please permit meto assist you with your concerns.

If I may ask, is this a written contract or an oral agreement? In full, how much are you owed?
Customer: replied 3 years ago.

It was an oral agreement $7600 I have text messages between us speaking about the loan

Thank you for your follow-up, Joni. My apologies on the delay.

Do you have any text messages that expressly state that she is promising to pay the whole amount in full? Or just describing the terms and specific debt amounts?
Customer: replied 3 years ago.

I believe in the text messages she made statements that she would pay me back

Thank you for your follow-up, Joni. That helps tremendously.

Under California law if there is a debt in place, oral or written, and it is under $10,000, you can pursue the debt collection via judgment via small claims court. You as a petitioner and plaintiff would have the burden of proving that the debt existed (if it was oral), what the conditions were, and what you are owed. The text messages where the other person promised to pay you back would be most important, as that would be considered an 'assumption' of debt, or an agreement to pay the debt off. Those messages are supremely important so please do not lose them. For an oral debt you have 2 years from date of debt or from date of last activity on debt (last payment or last assumption) to pursue collections. Going to small claims court is something that you can do on your own, no attorney is required. You can also seek filing fees as part of your judgment against the other party. You do not need to warn them that you would file, you can just choose to go ahead and do so. To help you get started, you can use the link below t learn more about the process, find the forms, and find your closest courthouse where to get the suit filed. Generally that is where the other party resides:

Good luck.

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