QUESTION

How can I recover a reasonably well documented personal loan from someone out of state?

Asked on Apr 10th, 2013 on Civil Litigation - Colorado
More details to this question:
I've loaned about $4200 to what I thought was a close friend. The understand was that they would pay me back in full after their pending injury settlement was completed. I have records of all transactions, as well as a contract (of sorts) detailing total amounts, dates, and payment expectations. Up to this point (6+ years), we've been quite close, often speaking on the phone 2-3 times a week. A few days ago, I find that they're blocking all communication from me, and not answering calls or returning texts. I'm concerned that they may just try to cut me out completely and keep the full settlement amount, which is now greater than the total debt. They live in California, I live in Colorado, and some of this happened while we both lived in Montana. What options do I have to recover this debt?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You can sue them in California and probably in Montana.  The question is whether they have sufficient contacts with Colorado so that you can sue them in Colorado, and I can't answer that from the facts you've set forth in your email.  Some factors relevant to this issue are whether they have any property in Colorado, whether they regularly visit or conduct business in Colorado, whether they have communicated with you about the loan in Colorado, etc. If I were you, I'd also be concerned about the statute of limitations.  As I understand it, you loaned your friend money which he/she agreed to repay when his/her personal injury claim was settled.  Since you know that the settlement amount is greater than the amount you are owed, something you couldn't know until a settlement had been finalized, the claim must have been settled, and the clock is ticking.  I do not know the Montana statute of limitations for breach of contract (I assume that Montana's law will apply to loans you made while you both resided there), but I am aware of some jurisdictions where it is as short as two years.  If you sue to recover too late, some or all of your claim may be barred by the statute of limitations.
Answered on Apr 11th, 2013 at 12:37 PM

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