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There seems to be a little confusion on where the rent money, and your money, had been going.
Speaking only about the rent money and not the other money you had loaned to him , you say that you had loaned him money to pay for rent and you're wanting to sue him for him not paying you back for the rent money you had loaned to him. You also stated that you were the one that informally collected the rent money for your mom.
Please explain how it was handled.
1) Did you tell the guy that you would pay the rent for him, as a loan, and that he owed you for your paying his rent and then you gave your mom your money for his rent?
2) Did you actually give the money to the guy and he was supposed to turn around and give it right back to you for the rent, since you were the one that was doing the rent collection? (that option really wouldn't make much sense)
3) Did you actually not (physically) loan him the money but you told him that his rent was covered and told your mom that you had collected the rent from him yet you didn't give your mom the rent money from your own pocket?
4) None of the descriptions listed was actually how it was handled. If so, please explain how it was handled.
Option 3 is most similar to my situation. I told him that he could pay me rent "later" when he had money but that I would tell my mother that I received the rent from him that month. Of course he never did end up giving me any rent though and he ended up taking off one random day after an argument that we had. The day that we had the argument I told him that I would be holding his laptop until he paid me a certain sum of money. I also made him sign a prior contract before I drafted the one in the original post. He verbally agreed to my keeping the laptop though reluctantly, and he signed the contract, but upon my arrival back to the house I had noticed that he packed all his bags to leave without notice to stay at another friend's house(the one he's staying with right now) and he had also taken the laptop that he agreed to leave to my possession. The former contract also went missing. He claims to this day that he had not taken it but I don't understand how the contract, which was with the laptop, would've gotten lost. Things get lost in my house every once in a while but they eventually get found and the contract to this day is missing. He definitely left my house without notice though. I think he knew that things were getting serious with the contract and the laptop so he left as soon as it started to all without notice.
Location: 23.7 million to 162 million miles North of Venus
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Quote:
Originally Posted by berdee
There seems to be a little confusion on where the rent money, and your money, had been going.
Speaking only about the rent money and not the other money you had loaned to him , you say that you had loaned him money to pay for rent and you're wanting to sue him for him not paying you back for the rent money you had loaned to him. You also stated that you were the one that informally collected the rent money for your mom.
Please explain how it was handled.
1) Did you tell the guy that you would pay the rent for him, as a loan, and that he owed you for your paying his rent and then you gave your mom your money for his rent?
2) Did you actually give the money to the guy and he was supposed to turn around and give it right back to you for the rent, since you were the one that was doing the rent collection? (that option really wouldn't make much sense) 3) Did you actually not (physically) loan him the money but you told him that his rent was covered and told your mom that you had collected the rent from him yet you didn't give your mom the rent money from your own pocket?
4) None of the descriptions listed was actually how it was handled. If so, please explain how it was handled.
Quote:
Originally Posted by tippyperez
Option 3 is most similar to my situation. I told him that he could pay me rent "later" when he had money but that I would tell my mother that I received the rent from him that month. Of course he never did end up giving me any rent though......
If you told him that his rent was covered for the month and you didn't give the rent money to your mom from your own pocket then legally you didn't loan him that rent money. He doesn't owe you for the rent, he owes it to your mother.
Out of that $11k+ that you claim you loaned to him and that he owes you for, he only owes you for what you, yourself, had actually paid out of your own pocket as a loan directly to him or in his behalf. Filing a court claim for money that you didn't actually loan to him or pay to someone in his behalf (as a loan to him) is fraud. If it comes out in court that you are fraudulently claiming money that you did not personally lend and lose, which it very easily may, then not only could the court fine you and possibly jail you for fraud but he would also have a legal right to sue you for fraud.
You had better go over your figures and come up with the provable amounts that you had personally paid out of your own pocket to loan to him and claim only that dollar amount.
Your mom will have to go after him for what he owes her. But, it will be much harder for her since you weren't honest about it and she has no paper trail of her past attempts to get him to pay up for his failure to pay the rent.
If you told him that his rent was covered for the month and you didn't give the rent money to your mom from your own pocket then legally you didn't loan him that rent money. He doesn't owe you for the rent, he owes it to your mother.
Out of that $11k+ that you claim you loaned to him and that he owes you for, he only owes you for what you, yourself, had actually paid out of your own pocket as a loan directly to him or in his behalf. Filing a court claim for money that you didn't actually loan to him or pay to someone in his behalf (as a loan to him) is fraud. If it comes out in court that you are fraudulently claiming money that you did not personally lend and lose, which it very easily may, then not only could the court fine you and possibly jail you for fraud but he would also have a legal right to sue you for fraud.
You had better go over your figures and come up with the provable amounts that you had personally paid out of your own pocket to loan to him and claim only that dollar amount.
Your mom will have to go after him for what he owes her. But, it will be much harder for her since you weren't honest about it and she has no paper trail of her past attempts to get him to pay up for his failure to pay the rent.
hey Op, I know this is old and problem with my someone over big money, mine was always "tomorrow tomorrow tomorrow" and he would always get hit by lightning or bit by a dog end up in the hospital, flipped his truck, always some bs I was tired of chasing him calling him everyday it made me neurotic. I used Uomoi at max and I got it all back probably annoyed the f**k out of him empty promises werent so empty anymore, thought maybe this could help you. check it out. hope everythingworks out
Lol, this guy has no means to pay you back. Go to small claims for $7,500.00 and get a judgment, but it is most likely unenforceable....
He sounds un-sueable. As in no assets to attach to.
Take it as an expensive lesson to not loan money to individuals.
You could write it off as a gift on your taxes as long as you have everything documented.
Grrr. Gifts are only tax-deductible if they are to a nonprofit organization. You may be able to write it off as a capital loss, but consult a tax practitioner first (but only after reading this): https://www.irs.gov/taxtopics/tc453.html
A friend owes me a lot of money and he is not going to pay me back so I want to get it back through legal means.....
As Judge Judy says, "If you lend friends or family money, you'll always be the bad guy." If you ask for that money to be repaid, you'll be the bad guy.
So...never, never, NEVER NEVER EVER loan friends or family money. If you have money to give them, GIVE IT TO THEM.
I had a friend who was in dire financial straights a few months ago, and I offered her the CHOICE: I would give her money, and she could pay it back or not. I didn't care which. (She's very proud...she did not take my money.) But I gave her the opportunity to treat it as a gift or a loan.
Your money is gone. Any attempt to get it back will be an exercise in aggravation and futility. Call it an $11K lesson learned.
I realize that this thread is 3 years old but I still have a couple of comments.
First, I 've always been under the impression that you cant sue for a partial claim in small claims court. If the amount owed is $11,000 and the small claims limit is $10,000, you're not allowed to file in small claims court at all.
Second, if someone owes you money and doesnt pay, I think you can write it off as a bad debt on your tax return. The IRS will then go after that person for not including that amount as income on his tax return.
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