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I loaned money to a cousin ($4300.00) and we had an

I loaned money to...

I loaned money to a cousin ($4300.00) and we had an agreement (signed and notarized) for a payment plan we both agreed upon. I did not know at the time he was and is on SSD.

Lawyer's Assistant: Have you talked to a SD lawyer about this?

No

Lawyer's Assistant: What steps have you taken so far?

I went an obtained necessary forms from the court to take him to small claims court. I have not filed them yet

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

He has done this to other people in the past. he has also moved out of his residence.I do have his cell phone number. He borrowed the money in Sept of 2017 and payments were to start in October of 2017. He has not paid anything back. He receives approximately $1900.00 per month on SSD. He defaulted on a loan (to purchase a Co-Op which he has been evicted) his total payment for the assoc fees and Electric was under $300.00. He is an excessive drinker and gambler (which I did not know)

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Answered in 1 minute by:
1/10/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,665
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I have read your comments, but I don't see your actual legal question?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
can i sue for the $4300.00 in small claims court ?
Customer reply replied 4 months ago
can I sue him for embezzlement ?

Yes, you absolutely can sue him for the money in small claims court if he has broken the agreement to repay you. The clerks will have the summons and complaint forms you need to file and they can help with getting the sheriff to serve him with the summons.

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Then you just come to court and tell your story to the judge and present any evidence of the loan.

.

But this isn't embezzlement, it is a breach of contract action... so it isn't a criminal situation..

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.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
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