Someone Owes You Money
How can we help?
You loaned money or were promised payment. Payments slowed, excuses changed, and now communication has stopped.
Common situations
- a private loan to a friend or family member
- a signed promissory note with missed payments
- installment payments stopped without explanation
- a contractor or business owes a balance
- invoices were acknowledged but never paid
- repeated promises to pay but no payment
- partial payments with no clear terms
- the debtor stopped responding entirely
What happens next
Documents are reviewed first to determine enforceability and collectability. Some matters are advised not to proceed.
How these disputes usually start
Most money disputes follow the same pattern.
At the beginning, repayment is expected. There is usually a record — a written note, an invoice, emails, or text messages confirming repayment. Payments may occur for a while, or they may never begin.
Then the pattern changes.
Payments stop. Explanations change. Communication becomes irregular and eventually ends. The borrower continues to promise payment but nothing actually happens.
People assume the legal issue is proving the debt.
Usually it is not.
The real issue is whether the obligation can be legally enforced and whether recovery is realistic.
The real legal issue
A written agreement or promissory note is strong evidence, but it does not collect money by itself.
The legal system does not operate on “they didn’t pay.”
Courts determine:
- whether a legal obligation exists
- whether a default occurred under the agreement
- whether required notices were given
- whether payments or extensions changed the terms
- whether the money was actually advanced
- whether the borrower has defenses
Many people obtain a judgment and discover the court does not collect it for them.
A judgment establishes you are owed money.
It does not produce payment.
What I review first
Money disputes are document-driven. Initial review usually includes:
- promissory note or repayment agreement
- invoices or payment records
- bank or transfer records showing funds were provided
- communications about repayment
- extensions, modifications, or new promises
- any prior demand letters
The purpose is to determine two things:
- Do you have an enforceable claim?
- Is collection realistically possible?
Before filing a lawsuit, collectability matters more than being right.
What legal action can accomplish
Legal action can create enforceable consequences. Possible outcomes include:
- negotiated repayment agreement
- lump-sum settlement
- court judgment for principal and interest
- recovery of attorney fees if the document allows
- structured payment terms
However, court action is useful only if recovery is possible.
If the debtor lacks reachable assets or income, a successful case may still produce no payment.
How resolution usually happens
Most money disputes follow a progression:
- Legal evaluation — confirm enforceability and recovery potential
- Formal demand letter — notice of default and cure opportunity
- Negotiation — many disputes resolve here
- Litigation if necessary — court determines liability
- Enforcement — collection actions if payment still does not occur
A properly prepared demand letter often resolves the dispute because the legal exposure becomes real.
Enforcement and collection
Winning the case is only part of recovery.
If payment does not occur voluntarily, enforcement may include:
- bank garnishment
- wage garnishment
- property liens
- asset discovery
Many payments occur only after enforcement begins, not when the case is filed.
Some judgments are satisfied quickly. Others require persistent enforcement over time. Unpaid judgments may accrue interest.
Timing and avoidable mistakes
Common problems that damage recovery:
- waiting years while accepting promises
- informal extensions without documentation
- failing to preserve payment records
- filing suit without checking collectability
- assuming a judgment guarantees payment
Early evaluation prevents spending legal fees on an uncollectible claim and prevents missing required pre-suit steps.
Promissory notes and private loans
Private loans often involve a written note stating an amount, interest rate, and repayment date. Payments may occur and then stop.
Courts examine:
- whether the funds were actually loaned
- whether default occurred under the document
- whether notice requirements were satisfied
- whether the balance was properly accelerated
A signed note alone does not end the analysis. Payment history, communications, and extensions often control enforceability.
Before filing suit, the transaction is reconstructed to determine whether a legal default currently exists.
FAQ
Do I have to file a lawsuit immediately?
No. Many disputes resolve after a formal demand once legal consequences are clear.
What if the borrower has no money?
A judgment may still exist but recovery may be limited. Collectability is evaluated before filing.
What if the agreement was informal?
Claims may still exist, but proof depends heavily on records and communications.
Next step
If a meaningful amount of money is involved and repayment has stopped, a consultation determines enforceability, recovery options, and whether filing suit is practical.
Call 720-588-3529 or request a consultation.