Q: How can I recover a $5,000 loan from a borrower who hasn't repaid?
I loaned someone $5,000, which is less than what they actually owe me. I have text messages from the borrower confirming they will repay me. They've indicated they will pay me back this week. However, I had to send $150 for the transfer, and I still haven’t received the repayment. Could you advise me on what steps I should take next to recover the money owed?
A: Short version is that in general, if you believe someone owes you money and the borrower does not voluntary re-pay, then you will have to sue him in civil court. Now, the specifics and terms of the transaction will determine the strenght of your case---I highly recommend that you contact a collection lawyer or a general practice/litigation lawyer (or 2-3 of them) in your area to specifically discuss your matter and after meeting with 1 or more, you can determine whether or not to hire one to represent your interests and the best way to proceed at this time.
A:
Louisiana Debt Recovery Analysis
Your situation involves what Louisiana Civil Code Article 1846 recognizes as a valid oral contract evidenced by text message confirmation, establishing an enforceable debt claim despite the absence of formal documentation. Louisiana's liberative prescription period allows you ten years to pursue this type of personal loan recovery through legal channels, though prompt action typically yields better results. The request for a $150 transfer fee raises significant concerns about potential fraud, as legitimate borrowers rarely require additional payments to facilitate repayment of existing debts.
Under Louisiana law, your first step should involve sending a formal demand letter via certified mail with return receipt requested, clearly outlining the debt amount, agreed-upon terms, and establishing a reasonable deadline for repayment (typically 10-14 days). Should this approach prove unsuccessful, Louisiana's small claims courts handle disputes up to $5,000, making this venue appropriate for your situation without necessitating attorney representation. The filing process involves completing standardized forms available at your parish courthouse and paying nominal filing fees, typically under $200.
We recommend carefully documenting all communications regarding this debt, particularly focusing on text messages acknowledging both the original loan and repayment promises. Louisiana courts give substantial weight to such electronic communications when establishing debt validity. If the borrower requested additional transfer fees beyond the original loan amount, this pattern suggests potential fraudulent intent which might warrant filing a police report alongside your civil recovery efforts. While continuing to pursue repayment through appropriate channels, exercise caution regarding any additional payment requests, as legitimate repayment rarely requires supplementary fees from the original lender.RetryClaude can make mistakes. Please double-check responses.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.