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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28043
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I granted a personal loan to an individual of $6,000 and a

Customer Question

Hello, I granted a personal loan to an individual of $6,000 and a written contract was signed. No payments have been recieved and the aggrement was $500 a month to be paid in full by Oct. 2015. Would this be a small claims case or debt claim? If I filed incorrectly how can I change it?
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
My number is(###) ###-####
Expert:  LegalKnowledge replied 2 years ago.

Good afternoon. Based upon what you shared above, this would be a matter for small claims court. Small Claims Court is a judicial forum to hear and decide civil cases involving claims for MONEY ONLY, for $10,000 or less, which fits what you described above.

Customer: replied 2 years ago.
You did not answer the second part of my question which was, how can I amend the filing if it was incorrect?
Expert:  LegalKnowledge replied 2 years ago.

If you filed it incorrectly and in a different court, you would need to voluntarily dismiss it and refile it in small claims court. Amending it would be the remedy if you needed to change something in the complaint, to relate back to the original filing but in this case, if it is in the wrong court, it would need to be dismissed and refiled.

Expert:  LegalKnowledge replied 2 years ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!