QUESTION

Loaned a buddy of mine 350 plus $100 interest. He signed a piece of paper saying he would pay me back in a certain amount of time he has not paid me b

Asked on Mar 03rd, 2018 on Breach of Contract - Oregon
More details to this question:
Lonely buddy of mine $350 cash he signed a piece of paper stating that he would pay me back by 2 months time. That's time has gone by he is in breach of contract can I sue his wife and him to attach a vehicle to the said award
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You can sue him for the breach of contract, but you may have a hard time since $100 interest for 2 months on a principal of $350 is about 170% annually, which is clearly usurious.  From what you've written, I see no basis to sue his wife, or to attach any vehicle, let alone one he does not own alone.  Absent a contract that specifically allows you to do so, you generally can't attach any assets until and unless you obtain a judgement on your claim  from the Court.
Answered on Mar 05th, 2018 at 9:05 AM

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