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Im trying to recover $9000 personal loan to a person out of

I'm trying to recover $9000...
I'm trying to recover $9000 personal loan to a person out of state in California. I only have banks wire transfer paper work to his bank account.
What legal action can I take and do I do it.?
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Answered in 2 minutes by:
7/1/2013
Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 55,803
Experience: 32 years of experience practicing law and a businessman.
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Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. In what state is this person located? Does this person have any contacts with the State of California? And, do you have or could you get anything...email, text, voicemail...evidencing this to be a loan rather than a gift? Thanks.
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Customer reply replied 4 years ago
He is a family member.. Phone Texts were exchange requesting the loan.. He borrowed the money over a year ago. The banks wire transfer paper work has his name and account number. That's all I have..
Thanks so much for following up. Unfortunately, you would have to file your suit against him in his state unless he comes to California and you can serve him in California. But, the suit will give you the collection options and leverage you need because once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 55,803
Experience: 32 years of experience practicing law and a businessman.
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Customer reply replied 4 years ago
I'm in Texas and he is in California.. How do I file the suit and do the serving process .?
Thanks for clarifying...I misunderstood who was in California and who was not. I apologize. Ok..if he has any connections to Texas and/or he comes to Texas, you can file your suit in Texas. Otherwise, you would need to file in California. But, in either case, you can file this in small claims court because it is within the limit of both states and thus you need not engage a lawyer for this. You would simply complete and file a simple complaint form in the small claims court of the county in which you are going to file the suit. Once filed, the court clerk will facilitate serving process. Someone can file this for you, but you will need to appear for the hearing. I have provided you a link for the process in both the Texas and California which I think will guide you through this step by step.

Texas: http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/HowtoSueinSmallClaimsCourt.pdf


California: http://www.courts.ca.gov/selfhelp-smallclaims.htm
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Customer reply replied 4 years ago

Thank you very much

You're welcome...it's my pleasure to help! Take care!
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Richard
Richard
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Category: Business Law
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