what lawyer for someone who owes you money

by Devyn Sanford 6 min read

Can I sue someone who owes me money?

Jul 13, 2021 · Look for a .gov website with an answer, or call a small claims court attorney with questions. For example, Oregon small claims courts allow any case up to $750. Cases requesting $750 to $10,000 can go to small claims or civil court. Any cases recovering over $10,000 need to go to civil court or a local superior court.

What to do if a contractor owes you money?

Jun 16, 2016 · This will obviously depend on the amount of money they borrowed, but it would be applicable for amounts less than $500. This means that you get to hang out with your friend and show your support whilst still getting some sort of compensation for the loan. Taking Legal Action. Firstly, assess your friendship.

What kind of attorney do I need to sue someone?

Jan 10, 2011 · Nathan Carr. You need a commercial or civil litigation attorney. A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit. Also a civil or commercial litigation attorney would be able to advise you …

What kind of lawyer do I need to do collections work?

May 26, 2016 · If someone owes you money, Sandlin Law Group can help collect it Sandlin Law Group is a full service attorney collection agency. Personal Attention Sandlin Law Group is large enough to collect on your account, but small enough that you are not reduced to just a number. Our personal service is what sets us apart from the rest.

image

How to collect a debt when you have lent someone money?

When you have lent a friend or relative money and they are not paying you back, you’re most likely going to have to rely upon your negotiation skills to try and recover the debt.

When you loan money to a friend, is it important to understand?

When you loan money to a friend, it’s important to understand that although it may help them in the short term , you are essentially providing them with a quick fix solution to what may be a long term problem.

What is the importance of taking money into account?

Another important aspect worth taking into account is their financial situation . Depending on the context and the amount being borrowed, understanding what they will be using the money for is extremely important. Perhaps the money will be used for a legitimate reason, like children’s school fees, being behind on mortgage repayments, or a car that needs fixing. Or perhaps they might have a gambling or some other form of addiction you and their family may not even know about. Before lending them the money, speak to their family members and see what information you can gather.

Why is it important to openly communicate about repayment expectations?

Although you might feel inclined to help out a loved one with finances, it’s important to openly communicate about repayment expectations so that no one is left in the dark or – worse yet – in the red,” says Steve Trumble, CEO of American Consumer Credit Counselling.

Can you get your money back if you can't repay it?

In most cases, the borrower will most likely feel guilty about asking you for the money, probably also feeling guilty when they can’t repay you . So tread carefully, yet be firm in your stance when trying to recover the money.

Should I borrow money to friends and family?

In Hindsight. It is generally advisable that you avoid lending money to friends and family. But if you choose to and they have agreed to signing an IOU form, Promissory Note or a Loan Agreement, you are in a slightly better situation as these can be used as evidence if you decide to take them to court.

Do you need to be financially stable to get a loan?

It seems obvious, but you need to be financially stable yourself in order to loan money out. Perhaps the loan is only for a small amount of money which won’t affect your quality of life or your own mortgage repayments and living standards.

What is a civil litigation attorney?

A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Can a lawyer do collections?

A collections lawyer can do it. A lawyer who does collections litigation can do it. I do not do collections work. but there are many in town who do. You can call the Virginia Lawyer Referral Service for a name.

Personal Attention

Sandlin Law Group is large enough to collect on your account, but small enough that you are not reduced to just a number.

Landlord Tenant

It is an unfortunate part of the rental business, but too often your tenant leaves owing you money.

Small Business Collections

Accounts receivable in a small office can have a devastating effect on your business if left unanswered.

Business & Corporate Clients

Businesses and corporate clients do not always need a full-time attorney to ask questions or to rely on. Some law firms simply bill their clients to a point that their clients are hesitant to call or email with even a quick question for fear of a $35.00 phone call or email bill.

Reasons to File a Lawsuit Against Someone Who Owes You Money

Successfully suing someone who owes you money generally requires proving that a specific guideline or contract has been broken. Here are two key points to consider when determining whether your situation presents a strong argument for demanding your money from a legal standpoint.

File a Lawsuit Against Someone Who Owes You Money by Yourself

Although we recommend consulting a professional to make sure you understand what you are getting into, you can file a lawsuit against someone who owes you money by yourself. If you choose to go this route, you will need to complete the following checklist:

Dangers and Issues With Filing a Lawsuit by Yourself

Although you can always file a lawsuit by yourself if you choose to do so, this is not likely to be your best move unless you have a high level of background knowledge surrounding the legal process.

How to Sue Someone Who Owes You Money With DoNotPay

Utilizing our digital service gives you a much stronger chance of succeeding than filing a lawsuit by yourself. Our robot lawyer blends the convenience of submitting paperwork whenever it works best for you with the reassurance of knowing the information you submit will be tailored to perfectly meet the needs of each party involved.

Your Robot Lawyer for Every Legal Need

What if the entity you need to sue isn’t an individual, though? We can do that too. Check out our resources on how to sue large companies and get the justice (and the payout) you deserve.

How much does it cost to serve a lawsuit?

This is called serving. You can serve for free if you have a friend or family member deliver the lawsuit to the person you have sued or you can pay between $40-$75 to have the lawsuit professionally served.

What to do if you are owed a security deposit?

If you are owed your security deposit, you want to make sure you sue the correct legal entity or the individual list as the landlord on your lease. If you are owed money because someone hit your car, you want to make sure to sue the registered owner of the vehicle.

How long do you have to serve a small claims court in California?

This is called "service of process" (also known as "service"). You must serve the debtor at least 15-20 days before the small claims court hearing (sometimes you are required to serve at least 30 days before the hearing). There are several ways you can serve the debtor including by having a friend serve, hiring a process server, hiring the sheriff, or through the court clerk. We can help you with serving the small claims lawsuit.

How to prepare for a small claims court hearing?

To prepare for your small claims court hearing: Research the law. If you are unsure about the laws involving your lawsuit (aka why you should win your lawsuit), consult an attorney, or conduct your own research about the law (a quick Google search goes a long way). Prepare your evidence.

How long does it take to get a hearing on a debtor's case?

Once you file your case, you will get a hearing date scheduled anywhere between 30-70 days later. During this time, the debtor may call you to try and settle the case.

What to do when a problem arises?

The first thing to do when a problem arises is to communicate with the other party. You want to make sure they understand that they owe you money and how much they owe you. Most of the time they will agree to pay you all or most of what you are owed.

What is demand letter?

A demand letter is a letter that outlines a set of requests. For example, you could write to the other party to request payment of the debt and explain why it is still outstanding.

How to collect on a judgment?

To collect on a judgment, you may have to get a lien on the person’s property through the court. Alternatively, a lien to order a wage garnishment can be issued. The process is fairly straightforward, but it’s easier to get a lawyer to do it for you.

How to prove a loan?

Preparing your case involves gathering all documentary evidence to prove that: 1 You worked or delivered the products/services that the debtor in question ordered; or 2 You loaned someone a given amount of money under the pretext that they were supposed to pay you back within a specific period 3 The customer or person in question didn’t pay you what they owe

What does favorable judgment mean?

A favorable judgment means that the court orders the debtor to pay you the amount that’s due.

What is the alternative to small claims court?

Alternative to Small Claims Court: Mediation. In mediation, the settlement process is run by a mediator who brings both parties to the table to clear up the dispute and reach an amicable resolution. While the process is voluntary, the court can also mandate it.

Why do we have small claims court?

They come in handy to help people having a hard time collecting money owed to them.

Can you file a small claims lawsuit if you loan someone gas?

So, if you loaned someone money for gas and they refuse to pay, that amount doesn’t meet the minimum threshold for filing a suit with the small claims court. Find out what the limit is for your state to determine if you can go to court over the matter. To begin the small claims process, you need to file a complaint with your county.

Is small claims easy?

While the small claims process is an easy one, it doesn’t mean that you shouldn’t prepare carefully. The process is designed to be easy for anyone, especially if you want to avoid paying attorney fees.

1. Set A Date

Whenever you lend someone money, it’s in your best interests to agree on a date for when it can be paid back.

3. Allow The Debtor To Save Face

You don’t need to be aggressive or demand payment when you first mention this personal loan.

5. Hear Their Reason

If they don’t explain why they don’t have the money, prompt them for a reason.

7. Mention Why You Need The Money

If there are harsh personal consequences in your life as a result of the original loan not being paid, it can help to explain that to your debtor too.

8. Keep Your Cool

It’s understandable for you to be upset or angry, especially if a friend owes you money and won’t pay you back.

9. Negotiate

If someone suggests they aren’t able to pay you back the money on the agreed due date, don’t hold back from negotiating a new timeline for them paying you back.

11. Escalate Things Further

In many cases, if you can’t resolve the debt alone, you may have a right to take legal action to reclaim the money.

How much does it cost to serve a lawsuit?

This is called serving. You can serve for free if you have a friend or family member deliver the lawsuit to the person you have sued or you can pay between $40-$75 to have the lawsuit professionally served.

How to get paid back by a friend?

Using empathy as a way of getting paid back by a friend. As a first step of getting paid back by your friend, try to influence your friend to be more empathetic with what you are going through. You trusted them to pay you back after you lent them money.

What are some examples of small claims lawsuits?

Here are some examples of common small claims lawsuits when a friend owes you money: You lent your ex-boyfriend money for bills, rent, food, and gas. They promised to repay you in a few months once they received their first paycheck. Months passed and they keep saying they will pay you back next month.

What does a mediator do?

A mediator is going to help you and your friend come to an agreement together on how to resolve the issue that your friend has not paid you back.

How long does it take to get a hearing date for a lawsuit?

Once you file your case, you will get a hearing date scheduled anywhere between 30-70 days later. During this time, your friend may call you and ask to repay you. If they repay you before the hearing date (or even on the hearing date), you can close the lawsuit.

What is demand letter?

A demand letter is a letter that outlines a set of requests. For example, you could write to your friend asking that they repay you the money they borrowed from you.

How long do you have to serve a small claims court in California?

This is called "service of process" (also known as "service"). You must serve the debtor at least 15-20 days before the small claims court hearing (sometimes you are required to serve at least 30 days before the hearing). There are several ways you can serve the debtor including by having a friend serve, hiring a process server, hiring the sheriff, or through the court clerk. We can help you with serving the small claims lawsuit.

image