Collecting on Personal Loan not Repaid

Collecting on Personal Loan not Repaid
question

I loaned my cousin $10.000.00 in November 2004. I obtained a cashier check from a bank and made hand written note of the loan to him. I have no signed note. What procedures can I go to get this money? Do you offer simple forms for lending money?

answer

Since you have no written loan document you have to hire a lawyer and sue to collect if your cousin won't repay you. Obviously, that is not a great way to make Thanksgiving dinners and family weddings friendly to be at. Try resolving the issue first. If you cannot work it out the only choice you have is to sue him. Not a great option for lots of reasons (in addition to the family rift that it may create). Since you used a bank check it doesn't sound like you have his signature on the back of a check to prove he got the money, nor do you have a cancelled check. You said you made a note of the loan, but did your cousin sign anything? You really have to see what evidence (proof) you have to show a court that you loaned him the money. Its not clear what you have from your question. If you speak to a local attorney you can get some guidance. Your court may have a small claims court you can use to keep the cost down and represent yourself (but you'll still need something to prove that you made the loan). The problem with hiring a lawyer is the cost relative to the loan, but given the myriad of issues, that's probably the best option.

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