Good morning, I'm looking for some advice/help with a civil matter. Back in 2022 I had lent some money.

Question

18,000 with interest added up front 20,400. I have a contract and notarized. He had started off well but had tapered off very quickly. He was fired from his job and has not returned any of my texts. I know this amount of money is not a lot, but a lot to me. We both agreed to the terms, in this contract was 2 vehicles, a Chevy Truck and a Chevy Camero. I had heard rumors that he had sold the truck (which I have the title for) and he never gave me the title to the Camero. He was waiting on his mommy to get the title for me. What are my next steps. At this time, I had just sold my home in Mn. after my wife had passed away.

James L. Arrasmith · Answer

I understand you're seeking advice on a civil matter involving an unpaid loan. Based on the information provided, here are some potential next steps to consider: 
 
1. Document everything: 
   - Gather all relevant documents, including the notarized contract, any communication records, and vehicle titles. 
   - Create a timeline of events, including payment history and attempts to contact the borrower. 
 
2. Attempt to communicate: 
   - Try contacting the borrower through various means (phone, email, certified mail) to discuss repayment options. 
   - Keep records of all communication attempts. 
 
3. Consider mediation: 
   - Look into local mediation services that might help resolve the dispute without going to court. 
 
4. File a lawsuit: 
   - Given the amount involved ($20,400), this case would likely be handled in Kansas District Court. 
   - You may want to file a breach of contract lawsuit to recover the money owed. 
   - Include claims related to the vehicles if they were part of the collateral agreement. 
 
5. Seek legal counsel: 
   - Consult with a local attorney specializing in contract law or debt collection. 
   - They can advise you on the strength of your case and the best course of action. 
 
6. Vehicle-related actions: 
   - For the Chevy truck you have the title for, you may be able to repossess it if it's part of the collateral agreement. However, consult with an attorney before taking any action to ensure you're following proper legal procedures. 
   - For the Camaro, you may need to include this in your lawsuit to establish your right to the vehicle or its value. 
 
7. Consider small claims court: 
   - While the amount exceeds typical small claims limits in Kansas ($4,000), some courts may allow claims up to $10,000. You could potentially file separate claims for each vehicle and the remaining balance. 
 
8. Statute of limitations: 
   - Be aware that in Kansas, the statute of limitations for written contracts is 5 years. Ensure you take action within this timeframe. 
 
Remember, while this advice provides a general overview, it's crucial to consult with a local attorney who can give you personalized legal advice based on the specifics of your situation and current Kansas law.

Q: Good morning, I'm looking for some advice/help with a civil matter. Back in 2022 I had lent some money.