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I loaned money to a friend. I first loaned him $3000 and he…

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I loaned money to...

I loaned money to a friend. I first loaned him $3000 and he paid me $100. He then asked for an additional loan of 2100 so the total loan was $5000. He has breached his agreement to pay me a minimum of at least $100 a month several times and I now want to sue him in small claims. The maximum I can sue in his state is $3000 but because there were actually 2 loans made, can I sue separately on this so I can go through small claims or is this considered one case?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

He lives in New Jersey. I live in Florida so I'm told I have to sue in his state.

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so. The loan actually occurred in Massachusetts and New Jersey.

Submitted: 7 months ago.Category: Legal
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Answered in 3 minutes by:
11/3/2017
Lawyer: Olivia Kent, Attorney replied 7 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,614
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.

ANSWER: These would be two separate transactions so in theory you can choose to sue separately - though I don't know that that's such a great idea to be honest with you. You have two claims and generally those would be brought in the same action but, again, there's nothing in theory from filing two claims with each separate date you loaned him the money. You would want to file either where he is or where the cause of action occurred - MA or NJ. I hope that answers your question. If you don't need any additional information, could you please take a moment to check the box stating that I answered your question so that I receive credit for working with you. It does NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively (3 or more stars). If you have follow up questions I'd be very happy to answer them as well - so definitely ask. You CAN still ask follow up questions after rating. In any case, I'd be happy to answer any additional questions you have. There may be some lag since I may not be logged in but I will always come back to answer any follow up questions you have.

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