small claims court

[Dorothea]

On 11-3-92 I loaned $7500.00 to a person for her to purchase a car. She made sporatic payments until March, 1996. She paid $3635 and still owes me $3185. I have called, sent letters, spoken to her family but she will not pay this loan off. She resides in Minnesota and I live in Hawaii. How do I go about taking her to small claims court. I will be there in April.
I would appreciate any advise you can give me. Is there a statue of limitations for filing this claim?? Look forward to your response. Thank You!

 

[I AM ALWAYS LIABLE]

On 11-3-92 I loaned $7500.00 to a person for her to purchase a car. She made sporatic payments until March, 1996. She paid $3635 and still owes me $3185. I have called, sent letters, spoken to her family but she will not pay this loan off. She resides in Minnesota and I live in Hawaii. How do I go about taking her to small claims court. I will be there in April.
I would appreciate any advise you can give me. Is there a statue of limitations for filing this claim?? Look forward to your response. Thank You!

My response:

Assuming that this transaction was consumated in Minnesota, that State has a 6 year Statute of Limitations, just like Hawaii does. So, it would appear from your post that you have a little over a year to file a lawsuit.

I hope you have some sort of writing concerning this loan; e.g., a loan contract, your check that says "Loan" on it, copies of her check payments to you, or anything that "memorializes" the loan and / or the payments that were made. I hope the payments weren't made in cash. Otherwise, you might run into a brick wall, called the Statute of Frauds.

IAAL

 

[Dorothea]

car loan

Thank you for responding back to me. I have the cancelled check and the check deposits that she made directly to my bank. So, I have kept everything regarding this loan. How do i file a claim in Minnesota from Hawaii?? Thanks again for the information regarding the statue of limitations. DE

 

[I AM ALWAYS LIABLE]

Re: car loan

Thank you for responding back to me. I have the cancelled check and the check deposits that she made directly to my bank. So, I have kept everything regarding this loan. How do i file a claim in Minnesota from Hawaii?? Thanks again for the information regarding the statue of limitations. DE

My response:

I would get the phone number of the Small Claims court nearest to where she lives and ask the Clerk of the Court to mail you a "Small Claims Package". It will have all the necessary forms and instructions for use, along with the amount of the filing fee. Also, inquire about getting a court date to coincide with your visit to Minnesota.

Good luck to you.

IAAL

 

[JETX]

In addition to IAAL's great replies, you might consider 'bolstering' your case by sending the debtor a letter, Certified RRR. Give details of the loan (amount, dates, etc.) and the payments made against this loan (amounts, dates, etc.).

Close your letter with something like:
"If you believe that the amount of the loan, or the dates and amounts of repayment for this loan, are in error, please reply in writing within 5 days of reciept to clarify any differences."

If you have your proof of delivery, and she doesn't reply or contradict your facts, you have her admission that it was a loan and that can be considered by the court.

Hope that this helps...