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Arizona Small Business LoansHow do I get back money borrowed? ?

So a few years ago when I was married and very stable finacially my stepfather asked to borrow money to start his own trucking company. My husband at the time (now divorced) convinced me to help my father and I have lent him money (total $ 5,500) from my savings account where my support child is filed (child from a previous relationship). The money would be repaid in 6 months, after the company was on its feet. Well, the company has failed and now my mother and my stepfather are getting divorced. The company has been in his name so I feel he needs to pay this back. I tried to set up payment plans, but had no luck. He lives in Arizona and I'm in Illinois. The maximum amount that can be claimed in small claims court is $ 2,500. Please help. I have no idea where to go and I do not have the financial means to hire a lawyer. I need money to replace some siding on the house and fix my car. Anyone???

unless you have a note, say goodbye to the money.

if you do not have proof that you mine as well say goodbye to the money ... We hope that you had to sign something when you've borrowed.

Citizens may file a complaint in the courts of small debts without the assistance of a lawyer - or you can go to the Law Society and ask if there are young lawyers who would do pro bono work. This work is done on a real case, but is free, if the lawyer can gain experience.
Do you have loan documents? It would be helpful if you had something acknowledging that he owes you money. If, on the other hand, the money was borrowed on behalf of the company, you do not really have much hope to recover because the company went bankrupt. Your only hope would be to seize some assets of the company - but a trucking company has no more than a truck, so you probably will not be successful. Unless the company office was in their house? In this case, you may be able to establish a lien on the house which means that if they sell it, you'll get paid before they got their money.
good luck to her. It's really hard when family and finances mix - especially when there is the family of fractures and business failures

Do you still have a written agreement that he would repay the loan? If not, you have no proxy case or not. Verbal agreements are not enforceable, and you just accept that you will not be refunded.

Assuming you have a written contract for him to repay the loan:

The problem with small claims court is that you're left to pick up the money. So basically, get the court accepts that you owed money, then you need to enforce collection. This is a general loss of time in my opinion.

The other option is to continue. You do not have to hire a lawyer, and you'll pay for this service until / unless you win.

That's it. The next time someone asks you a loan, the point of the direction of the nearest bank.

Sounds like that money is as good as gone, especially if there was no written contract whatsoever, and even if its said that the money should be paid once the company was on its feet. Do you have a piece of evidence that it was a loan? Has he made no payments whatsoever which may confirm your verbal agreement was a loan and he begins to make payments?

Other than that, and your stepfather decide to be a man about it and pay the debt, that money is a sunk cost.

Posted on January 18, 2010.
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