Law FAQ

Feb 2024

How to Get Someone to Pay You Back

Please do not use or threaten to use threats of violence of physical attempts to collect your debt.

When you've lent money to someone, whether it's a friend, family member, or business associate, and they fail to repay you, it can be frustrating and challenging to navigate. At Law Passport, we understand the importance of recovering what's rightfully yours, and we're here to provide guidance on the steps you can take to get someone to pay you back.

1. Establish Clear Terms: Before lending money to anyone, it's crucial to establish clear terms and conditions. Always have a written agreement or contract outlining the details of the loan, including repayment terms, interest (if applicable), and any consequences for non-payment. As a Law Passport member, you have access to free legal templates and contracts to help you formalize your agreements.

When you have a clear cut signed contract, you can easily present it to the court and nearly guarantee your chances of a favorable judgement.

2. Initiate Formal Requests: If the borrower fails to repay you according to the agreed-upon terms, start by making a verbal request for payment. Sometimes, a simple reminder is all it takes for the borrower to fulfill their obligation. If verbal requests prove ineffective, escalate to a written demand letter. Law Passport provides you with professionally drafted demand letter templates that convey the seriousness of your request, often prompting prompt payment.

3. Explore Legal Action: If informal requests and demand letters yield no results, you may need to consider legal action. Consult with the partner law firm provided by Law Passport to explore your legal options. Depending on the amount owed, you may file a claim in small claims court for smaller debts or pursue a civil lawsuit for larger sums. Keep in mind that legal proceedings can be costly, so it's essential to weigh the potential costs against the amount owed.

4. Be Mindful of Statutes of Limitations: It's crucial to be aware of the statutes of limitations that apply to debt collection in your jurisdiction. These laws set a time limit within which legal action must be taken to recover a debt. If the statute of limitations expires, you may lose your legal right to pursue the debt. Consult with your attorney or utilize the legal resources provided by Law Passport to ensure you adhere to the applicable timeframes.

Recovering a debt can be a complex and sometimes arduous process, but with the right approach and legal support, you can increase your chances of success. At Law Passport, we're committed to helping our members navigate legal challenges effectively and efficiently, including debt collection matters. Take advantage of our comprehensive legal services and resources to assert your rights and get the restitution you deserve.