Martha C. Pause v. Lisimaco E. Suarez (2012)

MEMORANDUM OF DECISION

Plaintiff Martha C. Pause brought this action to collect a loan she alleges that was made to the defendant Lisimaco Suarez in the amount $7,857.25 at an interest rate of four percent annually.   The defendant, who is Hispanic and does not speak or read English, denies that it was a loan.   Although the defendant signed a document written in English which provides that the money provided by the plaintiff was a loan, the court finds that he did not understand it to be a loan but rather an investment in his business collecting scrap metal, all which the court finds to be proven.

The court finds that the accounting submitted on Exhibit A by the defendant is accepted and the amount of $913.00 is due from the defendant to the plaintiff.   In addition, the defendant admits he sold the truck, which was a business asset, on July 27, 2009 for $1,000.00 and the plaintiff is entitled to one-half of said sum in the amount of $500.00.

Accordingly, the court enters judgment in favor of the plaintiff against the defendant in the amount of $913.00 and one-half of the proceeds of the truck in the amount of $500, in total $1,413.00 without costs to either party.

Berdon, Judge Trial Referee

Berdon, Robert I., J.T.R.