·  Legal News, Analysis, & Commentary


Do You Need a Lawyer if You’re in Personal Debt to Other People?

— September 15, 2021

The truth of the matter is that, from a legal standpoint, your creditor cannot force you to pay if he doesn’t first gather enough evidence that your term for returning the money is due already. 

Maybe the question above popped into your mind after a recent event or simply because you found out how many conditions banks require their clients to respect to qualify for a simple loan.

The truth behind personal debt towards other people is that it has a different legal status and will explain in detail in the following material which one it is. Here are the main concerns of anyone who has ever borrowed money from other people and doesn’t have the possibility of returning them as agreed for any reason. According to the latest financial news, almost 32 percent of Americans are in some form of debt, so it’s a very high chance of going through a similar situation.

1. Did You Borrow the Money Under a Written Agreement?

According to the law regarding debts, if you borrow money from someone else, this does not classify as a Consumer Loan, which divides into four different types of loans: oral, written, promissory, and open-end accounts. Consumer loans are those that supply your financial needs for personal requirements. 

If you borrowed money from one of your acquaintances, whether a friend of yours, a relative, or a co-worker, and you don’t have that operation registered on paper and anywhere else, it’s all good. You shouldn’t worry so much about being drawn to the court. You don’t need to look for professional help or call Sue the Collector lawyers to find out what to do in this situation.

The truth of the matter is that, from a legal standpoint, your creditor cannot force you to pay if he doesn’t first gather enough evidence that your term for returning the money is due already. 

If witnesses were present when you borrowed the money, he could ask them to support his cause in a file case against you. However, for bad faith cases, he has to prove that your intention was to deceive him, which is not the case.

2. How Much Do You Owe Them?

If you are in a big debt to someone, it might be worth it for them to pursue a legal action against you, a case in which, yes, you should hire a personal lawyer. Then, in case they win by proving that you didn’t return the money on purpose, they will have enough money to cover the lawsuit expenses.

Physical Therapist Drowning in Debt Kills Entire Family
Photo by Ehud Neuhaus on Unsplash

3. What is Your Current Relationship with Your Creditors? 

If you interrupted your contact with the person who borrowed money, you should expect to be contacted by a lawyer or a different legal professional. Not answering their phone calls, ignoring their messages, and then blocking their numbers is considered an avoidant strategy, and you should always keep open communication with your creditors instead. 

However, If they are stressing you with countless daily phone calls or emails, then yes, you should restrict their access so that you can still follow your daily schedule. Try explaining that your financial situation is not good enough to allow you to get your loaned money back. Use polite and honest language and try to stay away from any possible conflicting situation. 

Escalating things will definitely bring you in the situation of needing a lawyer as soon as possible. Plus, it will cause negative emotions to arise on both sides and make you experience debt stress. Unfortunately, stress management is something that all people cope with at a personal level nowadays, and it can cause significant health problems. 

Final Thoughts 

Whether you are determined to retrieve the money you owe them or you simply want to obtain an adjournment, you can talk directly to the people who borrowed you the money and skip the part where you need a legal representative. 

Lawyers are great at presenting your case in front of a court and counseling you with what steps you should follow to build a strong case, but it would be a very defensive strategy if you are in debt with a moderate amount of money to someone in your small circle of friends.

Suppose you haven’t surpassed the deadline, especially if it was a short-term credit. In that case, there is nothing to be worried about, and there is no need to hire a lawyer yet. 

Join the conversation!