Contract between friends will it hold in court?

[eddis]

Hi All

My friend (and It is actually a friend not me!!) has asked me for some advice….

Basically they have lent some money to a friend. They wrote up a contract explaining that they would pay the money back a certain amount each month, and that the payment would be complete by a certain time (I’m not sure how much money but I’m guessing in the thousands)

However, this person has stopped paying! My friend wants me to go with them if they go to a small claims court. My question is, will this contract actually stand up in court? It was only typed up between them and signed by both parties. Also what is the likelihood that my friend will actually win this case? Will it be worth going to court over?

Some help would be much appreciated as I don’t have a clue!! I don’t know if I want to get involved…I don’t understand costs etc, and help would be great

Thanks

[elkanah1]

It is possible this case could be won in a Small Claims Court but only if the judge or referee sees the signatures as valid -- a fact not necessarily guaranteed unless they were notarized at the time the contract was signed. If they weren't notarized signatures, the way would be opened for the debtor to deny his signature as being valid. Then, counter-suit for fraud (or the suspicion of it) could be grounds for doubt as to the validity of the contract.

In any event, insofar as your involvement goes, I would advise against it as there is no way you are not going to prevent one or both of the combatants from becoming an enemy depending on who wins or who loses. If you didn't broker the deal to begin with, your friendship should not be one of the stakes involved in the suit. That would be unfair to you.

If I were the person being cheated out of monies I had lent, I very well might seek to recoup my loss via the route of taking it to court based on what I knew were the actual facts of the case as they occurred. However, I would not violate the integrity of my character by dragging my friends into what rightly ought to be my fight to fight. That would be unseemly.