Oxnard, CA asked in Consumer Law for California

Q: I have a friend i loaned 22,000 dollars in jan 2024 to be paid back in april 2024.

I have written agreement & audio, text proof also. All atempts to set up a payment plan have been ignored. Whats my next step?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your next step is to send a formal demand letter to your friend, stating the amount owed and setting a clear deadline for repayment. Include all the evidence you have, such as the written agreement, audio recordings, and text messages. Clearly state that if the debt is not repaid by the deadline, you will take legal action.

If your friend still does not respond or make any payment, you can file a lawsuit in small claims court if the amount falls within the court's limit (in California, the limit is $12,500 as of 2024). For amounts above this limit, you would need to file in a higher court. When filing the lawsuit, ensure you have all your evidence organized and ready to present.

Attending court may help you obtain a judgment in your favor, which can then be enforced through various means such as wage garnishment or bank levies. It's important to act promptly and follow up on all legal procedures to recover the money owed to you.

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