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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36995
Experience:  30 years in civil, probate, real estate, elder law
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I loaned someone 60,000 dollars and they recently quit

Customer Question

I loaned someone 60,000 dollars and they recently quit repaying and quit communicating
I want to find and serve them with a demand letter and court appearance at the same time so as not to have to find them twice is this doable? What are my options? also if the debt was incurred while married aren't both spouses responsible?
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. Ray here to help you.

I would just file a civil suit in Superior Court for the full amount and legal fees, and court costs.There really is no need for a demand letter and it might tip them off and they dodge service.

You will need a local lawyer to file such a collection suit and have them served.The lawyer can also file lis pendens here and lien any property they own so you can collect.

Section 339 of California's Code of Civil Procedure establishes a two-year statute of limitations for oral contracts. It requires a plaintiff to file a lawsuit within two years of the alleged breach, or similar event, of an oral contract.This would run from the last missed payment here.

Expert:  Ray replied 11 months ago.

Lawyer referral here.

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 11 months ago.

You can file this yourself if you cannot afford a lawyer, here is the forms to do so.

http://www.courts.ca.gov/documents/pldc001.pdf

Happy New Year and good luck to you.

If you can leave a positive rating it is much appreciated.