problems with deptor (pay, debts, dollars, lawyer)

[hells gate porter]

hey. i loaned money for someone (everything is notarized). he is not paing me back. what to do?

[Philip T]

First. What have you learned from this?

[hells gate porter]

yes, i never loan anyone anymore. i wish it wasnt so big of money. i know this guy is totally able to pay. good the papers are legal and notarized. but what to do now? lawer is too expensive.

[NMNan]

Small claims court?
You probably have to start with a letter, demanding payment. Go over to legal zoom dot com and type "small claims" into the search bar. That should give you somewhere to start.

[hells gate porter]

its not small claim cos its bigger amount.

[hells gate porter]

actually i m from Europe and i live in Europe. do you know if there is any company who buys that type of contracts and start dealing with it themselves? Its totally possibule to get the money from him. he owns good business and he is active in several other companies. ofcause planes fly every day and i could come to USA but i really dont want to spend any more my time and money for that matter.

[NMNan]

So you are in Europe and this person is in USA?
It's time to hire a lawyer. They may be able to get you compensation for expenses.

I'm curious. Do you know this person? Or is it some sort of scam you got caught up in?

[Philip T]

Originally Posted by hells gate porter

yes, i never loan anyone anymore. i wish it wasnt so big of money. i know this guy is totally able to pay. good the papers are legal and notarized. but what to do now? lawer is too expensive.

Ok, I agree -- lawyer's tend to be expensive. Fortunately for you, that cuts both ways. We will get to why that is good for you a little bit below. btw, upfront -- I am NOT a lawyer, am just a guy on the internet, not qualified to give advice . . . yadda, yadda, on and on.

BUT I can tell you how I do my collections.

First, I guess you have asked him to pay, and let him know that you are placing him into collections?

Next, is there anything securing the loan (car, titled property, paper instruments, etc.)? We will want to set those claims and perfect any liens you may have in advance. There are some steps involved and often when folks see those start they will pay the bill.

Next comes a little more legal. I usually prepare an Original Petition -- the first papers you file with a court -- and send them a copy -- before I file the suit. When folks see they are really going to be sued, now most of the rest pay quickly. If not, then you file the suit -- in the highest applicable court available.

When I am doing this, it is usually all Pro Se (without an attorney). By the time folks figure out their own attorney will cost them tens-of-thousands -- because we are starting at a high level court -- and it is costing me nearly nothing -- they figure it is better and cheaper to pay me, and do so.

We can go in the further steps, but those listed above have some specific details to them. But to get more detailed, you will have to provide some detailed information -- to start with -- State you are in, amount of the debt, and related dates.


hmmm, wait a minute. I see some more detail added on the posts -- Europe v. whoever in a US court system. Not so good. How much are we really talking about -- in US Dollars?

[hells gate porter]

Thank you for your answers. Its not a scam, i used to live with this man and i know him very well... too well... i loaned for his company,and i made an excellent deal with very big interests. in promissory note is also written that if anything happens to the company, this man is personally responsible to pay me the principal plus interests each month for 5 years. The principal had to be paid off last year, he didnt.
The amount i m talking about is little over 200 000 USD, i asked him only 70 000. Attorney in Honolulu asked $35 000. i m not going to pay that. and unfortunally there is nothing to secure the money, no car, no house. he has car and house and stuff but i cant just go and take it. He lives in Napa CA.

I need A-Team BA would show up to his house, he would pay:d

[McBain II]

Originally Posted by RanchoNan

So you are in Europe and this person is in USA?
It's time to hire a lawyer. They may be able to get you compensation for expenses.

Shouldn't even waste him time. Trying to collect debts across borders is generally an exercise in futility.