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I have an issue with a person who owes me money for a loan I…

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I have an issue with...
I have an issue with a person who owes me money for a loan I gave him. He has been dodging me lately and I am seeking advice on process going forward. I have proof that he owes money through text and also on the last check he gave me it states the remaining amount. If I was to take him to court. What would the legal fees usually be for this type of process? How many visits to court might this take for a judgement ?
Submitted: 6 months ago.Category: Business Law
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1/9/2018
Business Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Business Law
Satisfied Customers: 13,473
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Business Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm very sorry to hear about your situation.

This appears to be a classic breach of contract if this person owes you money, but they have not paid you. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. In some jurisdictions, they may call this an open book account, which just means that you gave a person credit or loaned them money, but they have not met their obligation. This may not apply as it is usually something that companies like Discover or Mastercard will use in a lawsuit against people.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

If you were to go to court, you may be able to get in front of a judge within 2-3 months. The fees vary drastically and they vary by county. This is if you take them to small claims though.

If you take them to district court, then that may take at least 2-3 court visits, assuming you go to trial. Every court is a bit different, but usually there are court dates for the judge to check in with the parties to see how the case is progressing.

What other questions did you have for me today that I can help you out with:-)?

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