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Allen M., Esq.
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Experience:  Lawyer and legal specialist.
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We invested $15,000 in a local business. After 9 months they

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We invested $15,000 in a local business. After 9 months they wanted us out, so we drew up a monthly repayment plan and had it noteritezed. we have not recieved any payments in a year. what can we do
Submitted: 10 months ago.
Category: Legal
Expert:  Allen M., Esq. replied 10 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

You will need to file a claim against them, using the repayment plan as your contract that they are in breach of. Now, even if they have no money, there is value in obtaining the judgment against them. The judgment can be kept in place so that when and if they do come into funds, you can use that judgment as a means of getting the funds from them.

The only question is whether or not to take this to a smaller court to make it cheaper or use regular state court and an attorney.

You could go to the county Justice Court and that would allow a judgment for up to $10,000, but you'd necessarily lose the $5000 difference. But you could take the case before that court yourself, as it is essentially a small claims type court.

You could also go to state court, using an attorney and paying their fees up front, but that would allow you to get a judgment for the full amount in question.

If they are not going to fight the issue and you can obtain a default judgment (because really, they are just saying that they don't have it...not that they don't owe it), then it would be worth obtaining the state court judgment for the full amount IF you can afford to pay the attorney up front AND you believe that they will some day actually come into funds so that they can pay on the judgment through garnishment.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 15472
Experience: Lawyer and legal specialist.
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