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I have a agreement to receive payments owed to me. The person has stopped paying, where do I stand legally?


The money was paid more than 3 years ago for a property investment. This did not work out. In February this year the person agreed to pay back the money in installments. I have a written agreement. He stopped after making one payment, which is about 12% of the amount. Should I wish to pursue the matter,what is the best way to proceed? Appreciate any advice.

Through the courts, if you have a written agreement they will end up being liable for costs too.

Go to your local courthouse, file with the courts,(amount owed depends on which court) and for a few bucks you can have papers stating you are suing for money owed to you. Once it's in the system, he will have to do something. I'm sure he figures the agreement in writing won't stand up to much but getting something from the courthouse will ruffle his feathers! Yes, the written agreement is a binding contract but it's between you and him. Get the state legal team involved and then it's a little more serious of a matter. Do it because you should have what IS YOURS!!

Writtin agreement, as long as it is precise and signed by all involved parties is legally binding, so see a lawyer and they will pretty much do everything or at least they should do.

Looks like the small claims court for you if the amount owed is small itself,but unfortunately every time they fail to make a payment you got to go through the same avenue,with costs to you.So every time they can come in front of the judge and agree to pay you,then make a payment and stop.Best of luck

If you are a UK citizen you can process this through Petty Claims court. For further advice you can always go to the Citizens Advice Bureau or some Solicitors run an advice clinic at a reasonable rate.

Um, you don't say which country you are in -UK/USA? Must be USA if you are called Dale? This is important since the laws are different. Firstly try to find his credit records. Has he been taken to court before? Does he owe money to other people? (you should have done this as part of 'due diligence' before sending him money in the first place of course...). Write a letter and send by recorded delivery. Then, if he doesn't respond, get a solicitor (attorney?) to write one. If you use a debt collector get one through a satisfied client. Don't respond to advertising or the phone directory: Get a reference. Basically if he has the money but is playing you along because you are making the least noise then a threatening letter, profesionally written should do the trick. If he has no money then you will have to make him backrupt so as to get hold of assets. If he is a 'hard-nosed' con-artist then this will be impossible because he will have acted through an incorporated company that has no assets. You can find all this out be checking his credit rating.

i hope u weren't as foolish as i... i put myself in a simiair sit. w/ sm1 i consodered to be prob. my best friend and most trusted person (outside of immediate family) i knew.... never in a million yrs. did i see it comin'. anyhoo, what do u hv. in writing?.... iv'e been told if a judge can be convinced that there was a verbal agreement between the 2 of u... then that alone is good enough to justify he should have to repay the loan back... more importantly who/how and in what way (i.e.:50/50...49/51)_ is the deed to property written? and what form of a deed is it?...quick claim or???
one thing i know for a fact is that once judge is convinced u r owed the money....you can legaly charge interest on the amt. even if it was not discussed or in writing....the % rate varies by state (i know it's 8% in Colorado).
i've learned a cpl. very valuable lessons thru this venture ...fortunately it was not a huge inv....the amt. i am owed is alot of $ to me but prob. not by most... lesson=$$$ can change anyone and be damn sure of who u take on w/ u in any joint venture....and @ least spend the few hundred bucks on a lawyer to make dang sure that u C.Y.A. for sure.... i've spent more $$$ on aspirin than iu would have on a lawyer over the past 2 yrs. i made a loan to a partner/"friend" (haha- the prop. value has incr. to 350% of purch price and he still owes me 15&% of loan i made him (int. free-geez! what a dummy i was) and yet he insists that he will pay me back the rest but, not until we sell the prop. ...which he absolutely insists that he is entitled to 50% of sale price.
sounds fair, huh? LOL i pay 65% on a vry wise inv. @ 0% int. but only i am entitled to 1/2 the profit. i couyld not even convince him to give me 65%of sale price. am i crazy? no, just made a stupid decision and learned a valuable lesson re: $$$ vs. friendship or $$$ vs. anything for that matter.

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