When an individual begins to get behind on a loan or mortgage, the lending institution can for foreclose on the debtors assets in order to force repayment of those loans; however, if an individual or small business issued a loan to another individual, then they may not be able to issue foreclosure proceedings or initiate other measures to recoup financial losses and must therefore initiate court proceeding in order to receive a civil judgment. The process to bring a case before court in order to come to some resolution concerning a personally extended loan is a relatively simple one that including filing the appropriate court documents, securing an experienced lawyer to explain your side of the case, informing the debtor of the impending court proceedings, and delineating your case in a clear and concise manner.

The first step in bringing a case before court is to secure an experienced lawyer. Cases involving debt and repayment of a personally extended loan can be grueling and can turn into he said versus she said really quickly. It is therefore important to try and remove yourself as much as possible from the legal fray and the best way to do this is to employ an attorney to speak on your behalf. An attorney will also be more experienced with the legal aspects of the case and will be better equipped to argue the relevant points of the case while being able to exclude the non-relevant issues.

Of course the hiring of a lawyer is not necessary. A civil judgment is very different from a criminal judgment. Juries are usually not involved and therefore the proceedings are much simpler. Typically the format is simply this: a judge listens to why the debtor has been unable to repay the extended loan or mortgage and then considers the prosecution’s proof concerning the existence of the extended loan. Therefore, if you have taken caution when issuing the loan and can produce written proof that clearly states the terms of the loan that the debtor has violated by not repaying that loan, then a lawyer may prove to be an unwanted expense as the judge will probably find in your favor anyway.

In order to bring a civil case before court, you must first file the appropriate court documents. These vary from district to district and state to state, however the content of these documents in usually the same. You must give the court your name and contact information and the name and contact information of the debtor in question. You must declare the facts of your argument including the exact amount of the debt you issued, the amount still owed by the debtor, the terms of the agreement, and steps you have already taken to try and insure repayment of that loan. An officer of the court can help you with the particulars of your local procedures.

Once the documents have been filed, it is then necessary to inform the debtor of the impending court proceedings. In some places it is the court’s responsibility to do this. However, in other locations this responsibility falls to you. If an individual is not informed of the suit, then any civil judgment in your favor may be void. So it is important to make every effort to contact the debtor.

When a person is unable or unwilling to repay a loan, it becomes necessary to initiate court proceedings to force repayment. The proceeding information will help acquaint you with the process.