questions about filing papers to sue.

[12m69]

What is the name of your state (only U.S. law)? california

hello. i loaned a friend money over a year ago. she signed a promissory note stating that she would pay me the full amount ($3000) in one year. its already been a year and a half now and ive gotten nothing but excuses from her and i have yet to recieve even one penny from her. so ive decided to sue her for the money.

i am homebound due to a disorder and cannot visit the courthouse in person. i also do not have a valid i.d. due to the fact that i cannot visit the DMV to get one..again because of my disorder.

my question is..is it necessary for me to file the paperwork in person at the court office? can i do it online? can i have someone file the papers for me? also, will it be a problem since i do not have a valid form of i.d.?

is it possible for me to transfer the debt to someone else and have them collect the money? like sign a paper stating that i am having someone take over the process of collecting the money?

any info or advice would be greatly appreciated. thanks

 

[CourtClerk]

What is the name of your state (only U.S. law)? california

hello. i loaned a friend money over a year ago. she signed a promissory note stating that she would pay me the full amount ($3000) in one year. its already been a year and a half now and ive gotten nothing but excuses from her and i have yet to recieve even one penny from her. so ive decided to sue her for the money.

Out of pure curiosity, how much money did you lend her (and yes, it matters)

i am homebound due to a disorder and cannot visit the courthouse in person.

How do you intend on appearing in court since your appearance will be necessary.

i also do not have a valid i.d. due to the fact that i cannot visit the DMV to get one..again because of my disorder.

Again, if you can't get to the courthouse and you can't get to the DMV, how do you intend on appearing at trial?

my question is..is it necessary for me to file the paperwork in person at the court office?

No

can i do it online?

Depends on the county

can i have someone file the papers for me?

Yes

also, will it be a problem since i do not have a valid form of i.d.?

No

is it possible for me to transfer the debt to someone else and have them collect the money? like sign a paper stating that i am having someone take over the process of collecting the money?

If they do it properly and file those documents in accordance to the CCP, CRC and the local rules of your county courthouse, yes post judgment.

 

[12m69]

hello. thank you for replying to my thread. the amount i loaned her is $3000.

so you are saying that it is necessary for me to appear in person at trial when suing for money owed to me? can i have a lawyer represent me if i cannot attend?

if the fact that i cannot appear in court would be a problem, would it just be easier to transfer the debt to someone else and have them collect the money from this person? like maybe a family member or a friend? you mention "post judgement"..what exactly do you mean by this?

 

[CourtClerk]

so you are saying that it is necessary for me to appear in person at trial when suing for money owed to me?

Yes, it is necessary for YOU to appear in person at trial when you are suing someone for money owed to you.

can i have a lawyer represent me if i cannot attend?

Attorneys are not allowed in small claims court.

if the fact that i cannot appear in court would be a problem, would it just be easier to transfer the debt to someone else and have them collect the money from this person? like maybe a family member or a friend?

An assignee cannot sue in small claims court.

you mention "post judgement"..what exactly do you mean by this?

That means after you get the judgment, they can collect on your behalf, but that requires YOU to get the judgment in court.

 

[12m69]

so im basically stuck without any chance of getting my money until this person decides to give it to me? that sucks. i suppose courts do not allow a person to present a case via webcam under special conditions such as being homebound? any hope at all for me?

 

[latigo]

No you are not necessarily "stuck"!

The instrument you mentioned as having been signed may serve as a negotiable instrument which could be endorsed by you over to a holder in due course that could bring suit in that persons' name as the owner of the promissory note to recover the money due and owing as promised by its maker.

But first let me ask you about the document you are holding. Does it differ materially from this general form? If so, in what respect. And please be specific.


PROMISSORY NOTE

FOR VALUE RECEIVED, the undersigned ________________, (name of maker) of ___________________(city and state) hereby promises to pay to the order of _____________________, (your name as payee) the sum of______________ ($ ) together her with interest thereon at the rate of ___ % per annum on the unpaid balance.

Said sum shall be paid in the manner following: (Describe terms)

All payments shall be first applied to interest and the balance to principal.

This Note may be prepaid, at any time, in whole or in part, without penalty.

In the event this Note shall be in default, and placed with an attorney for collection, then the undersigned agree to pay all reasonable attorney fees and costs of collection.

All payments hereunder shall be made to such address as may from time to time be designated by any holder hereof.

The undersigned and all other parties to this Note, whether as endorsers, guarantors or sureties waive demand, presentment and protest and all notices thereto and further agree to remain bound, notwithstanding any extension, modification, waiver, or other indulgence by any holder or upon the discharge or release of any obligor hereunder or to this Note, or upon the exchange, substitution, or release of any collateral granted as security for this Note.

Dated this _____ day of ______ 20__.


_______________________
Maker
Address:

 

[12m69]

hello latigo. i apologize for my late reply. pc problems.

the promissory note states the name and signature of the person that borrowed the money, the amount borrowed, the date borrowed and the name and signature of the lender which is me. it also states the the full amount is to be paid within one year of the date the note was signed.

it does not mention what city or state it was signed. nor does it go into detail about legal fees or otherwise if it ever came to that. this is what the document looks like:

PROMISSORY NOTE

$_________ Date:__________

For Value Recieved. __________________________(Borrower)
promise to pay to the order of _____________________(Lender)
________________________________ Dollars
payable at _________________
with interest at _________________ per cent. per ________________
interest payable ______________________________

Due ____________________ 20 ___

___________________________
Lender


___________________________
Borrower