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  1. #1
    Join Date
    Dec 2005
    Location
    MA
    Posts
    3

    Default How to collect a loan from a friend

    Hello, I googled the internet and just found here, thank god! Please help~~ any input is welcom!!

    The story:

    I lent $10Kto a friend of mine in July and she promised to pay me back around Dec. In early December, right before i went on vacation, she emailed me that he would wired the money to my bank account. Unfortunately, I found out that she didn't keep his words after I came back from vacation. Plus she has been not answering my phone call and replying my email for several days so I was getting really worried.

    Finally I got to talked with her today by phone but she said she has no money to pay me right now and would pay me back sometime in the future. The problem is that she is just about leave the country (probably in Jan). So I am really worried that she would default this loan.

    Questions:

    1. What can I do to force her pay me back before she leaves?
    2. Should I go to file claims in the small claim court?
    3. If she leaves the country eventually and will not come back, is there anything that I can do here in the US?

    By the way, she is an immigrant and may not come back to the States forever. She is now living in a different state as I am.

    Thanks very much!!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: [urgent] Please help: how to collect a loan from a frien

    Quote Quoting aijun
    1. What can I do to force her pay me back before she leaves?
    Probably your best option is to get a judgment and enforce it. You have very little time - perhaps too little - so don't delay.

    Quote Quoting aijun
    2. Should I go to file claims in the small claim court?
    You should probably file in a regular trial court. I believe the maximum small claims judgment you can receive in Massachusetts is $2,000.00. Of course, that's more complicated than small claims.

    Quote Quoting aijun
    3. If she leaves the country eventually and will not come back, is there anything that I can do here in the US?
    Realistically, only if she has income sources or assets in the U.S. subsequent to her departure.

    You may wish to consult a lawyer, given that your case has interstate issues already (with her living in another state) and will soon likely have an international hurdle to overcome.

  3. #3
    Join Date
    Dec 2005
    Location
    MA
    Posts
    3

    Default thanks first

    She has stable income now.
    Question: How to make sure she has the money to pay me back but she doen't want to?
    Question: Am I able to force her not leaving before paying me back by court?
    Question: How to get both of us in the Court because we are in different states?
    Question: If she doesn't go to the court even if she receives the paper from the Court. Am I able to force her stay in US before she returns me the money?

    Thanks a lot

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