QUESTION

I loaned a friend money to pay her mortgage she has refused repeatedly to pay me back

Asked on Jan 16th, 2013 on Civil Litigation - Maryland
More details to this question:
I have supporting documentation to support the loan and a witness
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1 ANSWER

Business Litigation Attorney serving Bethesda, MD
2 Awards
  Your question about your "friend" who is not paying you back may be of broad general interest to readers of this site. I have been representing clients on these issues in Maryland and D.C. for over 20 years. Carpenters faced with a problem are said to want to bring out their construction tools. Lawyers faced with someone not paying back their loans are going to tell you to file suit. That may be the only answer here. Of course, you can see whether a lawyer's demand letter gets her to see that you are not just "asking"; but you have gone a step further and that they lawyer may go the next step to court. You can also see whether a mutual friend or friends can meet with both of you to discuss the issue. Any time you discuss this situation with a third party, you risk giving the borrower a chance to sue you with a claim that you :defamed" her. Then, you might settle with her just to get rid of her defamation suit. As a general rule, what you say about someone in a lawsuit filed in a regular court is protected from claims of defamation. If you then write about that lawsuit on Twitter or Facebook, etc., those postings are not protected and can be the source of defamation litigation. Your question notes that she has refused "repeatedly" to pay you. It sounds like a demand letter alone won't work and that you will need to be prepared to go to court. While it would be better to have a written contract, it is good that you have a witness and supporting documentation. Make sure to have backup copies of that documentation and go see a lawyer right away. Of course, other factors can also intervene that would alter the above. This response is not intended to address all possible issues. This is at best a general overview. I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation. This web site and the responses herein, including this response, are designed for general information only. The information presented at this site should not be construed to be and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
Answered on Jan 19th, 2013 at 12:44 PM

This web site and the responses herein, including this response, are designed for general information only. There is no attorney/client relationship.

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