How can I sue somebody who I lent $24,000 for a business and there there is a signed contract?
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How can I sue somebody who I lent $24,000 for a business and there there is a signed contract?
I lend a friend of mine money 8 years ago to buy vehicles for sale at his garage. He agreed to pay back the money plus interest, however he hasn’t paid back a cent and he moved out of state.
Asked on June 14, 2017 under Business Law, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You sue them by filing a lawsuit in court and then having it served on them (personally delivered to them). To sue someone, you need a physical address: you *must* be able to physically deliver the summons and complaint (legal documents starting the action). If you can't find him, you cannot sue him.
For $24,000 plus years of interest, it would be worth it to hire an attorney specializing in collections-style work to help you. Such a lawyer will not only know the how to write, file, etc. the complaint and how to litigate the case, but will likely have tools and resources to locate your former friend. Possibly you can find an attorney who will take the case on a commission basis--for a share of what is recovered. While you may pay a higher amount if the lawyer wins and gets the money for you than you would have paid under a different fee arrangement, you will pay little or nothing if the attorney does not recover money for you; thus, a case like this on a contingency basis is essentially risk free for you. Even if you have to pay the attorney, say, 1/3 of whatever he collects for you (one-third is a common amount), right now you have nothing--2/3 of up to $24,000+ will still put you well ahead of where you are now economically, and you can have the chance to get all that money without actually risking anything.
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