Kansas City, KS asked in Collections for Kansas

Q: Do I need a lawyer to sue for unpaid loans? I have all the proof necessary to show that this was a loan and not a gift?!

Related Topics:
1 Lawyer Answer
Kenneth J. Geniuk
Kenneth J. Geniuk
Answered

A: If you (the lender) are bringing the action as a business entity such as a corporation or LLC, then you must have an attorney. Otherwise you can bring your case without an attorney, but be careful in doing so, as you will be held to the same standards as an attorney, and will be expected to know the court rules, procedural law, rules of evidence, and so on. If the value of your case is small, you may want to consider small claims court, where neither party is allowed to have an attorney, and where the technical rules of pleading, evidence, and procedure are relaxed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.