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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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8 Months ago I borrowed $2500(personal check not cash)for my

Customer Question

8 Months ago I borrowed $2500(personal check not cash)for my ex. She is not denying it but she is not making any payment. What can I do about it?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You can sue her for it, in GA his fits within the small claims court limit.

If she had put something up as collateral with you, and you had fille dout the proper paperwork, then you could seize the collateral but if you didn't then suing her and then pursuing collections after you get the judgment is your only option.

Customer: replied 1 year ago.
Hello Dwayne. Thank you for your reply. I don't have a problem suing her. What am I suing her for? We don't have any repayment plan in writing and she never say she would not pay back. It is just too long for me to wait for her to make a partial or full payment. I also don't have her address for the local sheriff to server her. I was told by local small claim court that I need her physical address to be served by the court.Thanks
Expert:  Dwayne B. replied 1 year ago.

Breach of oral contract. You will have to take the position that she said she will pay you back when you ask and you don't want to say that you would let her pay it back in more than 12 monthly payments because it must be in writing if it has to take a year to complete.

You do need to find her address somehow but you can usually do that from an online company or a local private investigator.

You can learn all you need to sue her by going to http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/ and buying the e-book on small claims court. It is inexpensive and explains everything in detail as far as how you conduct a lawsuit. You can get the forms for filing at your local small claims court and then you can get a deputy to serve her with the lawsuit once you get the address.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 1 year ago.
I hope this would be the last question. Can I have a lawyer handle the case and added the lawyer fee to the loan?. Can she be responsible for the lawyer fee since the whole thing goes to the court due to her failure to make payment or make repayment arrangement with me?
Expert:  Dwayne B. replied 1 year ago.

If she loses the case, and it sounds pretty likely that she will, then the attorney's fees will be assessed against her along with the other costs of court.

However, most lawyers will require that you pay them up front and then get reimbursed from the judgment.

Expert:  Dwayne B. replied 1 year ago.

I am going to be offline for a couple of hours but if you have follow up questions feel free to ask them in this thread and I will pick up on them when I return.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.