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I have 2 questions i hope i can get some help with. I am in…

Customer Question
Good afternoon, i have...

Good afternoon, i have 2 questions i hope i can get some help with.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in south carolina

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

None i do not know where to start and i do not know that there is anything i can do to recoop my loss.

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

Yes, i am wanting to collect on moneys owed to me but i have no contract or anything in writing.

Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
3/23/2018
Lawyer: legalgems, Lawyer replied 3 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,597
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 3 months ago

I am sorry to hear a person has not honored their debt to you;

A contract can be written (which makes it easiest to prove) but it can also be oral or implied. For example the court will look to any evidence such as canceled checks to the recipient (borrower), partial payments to the lender, any texts/emails, exchange of property etc to determine if there was in fact an offer, acceptance, and consideration, the elements required for a valid contract.
If so the court can enter judgment in the amount still owed.

For debts less than $7500 "small claims" is appropriate; please see:

https://www.sccourts.org/selfhelp/FAQMagistrate.pdf

Normally the lender plaintiff would first send a demand letter to the borrower requesting payment per the terms of the agreement or if no such date or the date has passed, then usually within 5-10 business days, and then if no response the plaintiff lender can file suit.

Often times the defendant will try to settle or pay in full before judgment is rendered since a judgment is entered into one's credit report as a public record.

Statute of limitations apply so a suit must be filed before the time period runs (for oral contracts, 3 years):

https://www.scstatehouse.gov/code/t15c003.php

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Lawyer: legalgems, Lawyer replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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