sue my friend

ren Asked:

Can I sue a friend for fraud after giving her a ...

Can I sue a friend for fraud after giving her a large loan and not receiving anything other than the first payment. I do have something in writing but the loan was 5 years agao and I never said anything about it. She is now filing chapter 7

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5 Answers

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OronD Answered:

Hi Ren,
The one and only question is: Can you prove it ? If you can proove it, rock solid, above any doubt, than yes you can sue her, but if you can't it will be your word against her word and that will be a tolatlly different case. A secondary question is: What are your chances to get the money back. If she is filing chapter 7 your chances are slim.
Best regards,

Posted 2 years ago
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Love is the battery of life....

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LindaRuth Answered:

The fact that you never said anything about it in five years will be a strike against you. It will appear that you forgave the loan and never expected her to pay it back.

Posted 2 years ago

God bless the troops.

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ren Answered:

Okay thanks so much. So even with a written agreement (because it was five years ago) I have nothing in my favor? How would I prove fraud?

Posted 2 years ago

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gary999 Answered:

ren, fraud is a felony and since this was a loan from one friend to another my non-legal opinion is that any law enforcement official will tell you this is a civil matter. I don't know what kind of money we're talking about but I'll suggest this anyway; Small Claims courts take actions up to 7,500 and with a signed note as proof, you can represent yourself and file a claim. I wouldn't concern myself with the 5 years, especially if the repayment terms are included in the note. To me, that covers your attempts to collect because you have a written promiwse with her to make monthly payments. What additional action should you have taken?

Several years ago I signed an agreement and paid a contractor an advance of several thousand dollars to build an addition to my house. He did not do the work, nor did he bother to repay the advance. I filed a claim, the judge found him guilty and the matter was referred to the County Sherrif for collection. The sherrif posted property owned by the contractor for public sale and he then repaid the money plus interest rather than have his property sold at public auction. If this interests you and you'd like more information send me a note and I'll be glad to assist.