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Old 02-04-2013, 04:08 AM
 
6 posts, read 11,880 times
Reputation: 10

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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. Currently I have a note from him as well as text messages, phone recordings and video recordings of him admitting to what he owes. Is it possible he could claim that I FORCED him to sign it? That I manipulated the sound recording some how or threatened him? I want to get him to sign other notes but I didn't know exactly what information and details that I need to jot down in order for it to be valid in court if I ever have to go there. I'm worried that my notes are incomplete and do not contain enough information to go through in court.

The money was lent to him for many different things, rent, food, clothing, other debts he needed to pay. For a while I was paying for all his food, equipment, everything pretty much. It was done in small increments in different types of payments such as cash and credit. He really needed help, threatened suicide on many occasions and pretty much just freeloaded off of me as I attempted to help him get back on his feet.

I have witnesses that can testify that he owes me that amount of money as well as a written note by him and a text message and phone voice recording of his admitting that he owes me over 11K. I want to make sure that I get my money back 100% and am afraid that I need more evidence so I want a more detailed note than the one I have now.

Right now I currently have a video recording of him signing a note that states exactly this...

I, ____, born on ____ with social security number _______ currently owe ______ 11,327 US dollars from accumulated costs that have been accrued since April 2012 and I am promising to pay this amount back by April 2013 in small or large increments with proof of reimbursement by receipts received by both party members. If I do not pay this amount back by April 2013, I approve of wage garnishment or other miscellaneous legal methods that may be enforced upon me by the state of law in order for ______ to have his funds returned appropriately.

Signed by borrower ________
Signed by lender ________
Witness Signature #1 __________
Witness Signature #2 ________
Witness Signature #3 _________

I have the actual note of his signature. I am afraid that he is going to claim forgery so I made sure to also have a video recording of him signing the note and reciting on recording the note verbatim.
I also have text messages as well as voice recordings from myself and other friends of him casually and informally engaging in conversation with them, acknowledging that he owes me these amounts.
For example, text messages and conversations such as....
Friend: So how much do you really owe _____?
Borrower: About 11K

Friend: You know you still owe ______ 11K, right? How are you going to pay him back?
Borrower: I know I do but I'm not getting enough hours at work.

Those are the two conversations and text messages that have been exchanged.
So in total, I have informal conversations through text and phone recordings of him admitting that he owes me oney. I also have a hard copy of a note that he signed(signature that matches that on his driver's license). Lastly I have a video recording of his actual self, on camera reciting the note and a voice recording of him signing it.

Is this enough to get him to give me money back? What else can I do to insure that I can legally get him to pay me back.

The other thing is, I know he makes enough money. He works 40 hours a week. He has enough money to pay me back, he just chooses not to, and he admitted to a mutual friend that he wasn't going to pay me back not because he can't, but because he just doesn't want to.

Please help me. I am so sick of thinking about this money. I barely make minimum wage and this money was earned by me through long hours of blood, sweat and tears. I just feel so distraught and upset being cheated and used by somebody who I really tried to help. I just want my money back so I can finally get this person out of my life and I can live my life. I made a huge mistake in trying to help somebody and I will never do it again, and I just want to move on.

Also, if I want to tack on interest, how can I go upon doing so?
I live in San Diego, California.
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Old 02-04-2013, 05:10 AM
 
834 posts, read 915,316 times
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The only option at your disposal is to sue or walk away. The long laundry list of items you have documented, text messages, etc would more than in all likelihood convince a judge the debt is legitimate. You seem overly concerned about this. Its relatively straight forward, particularly if you have a signed piece of paper with witnesses. I'd see what the state law says about small claims limits, and I'd probably file that way if possible.

Also, stop calling him your friend. He aint.
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Old 02-04-2013, 05:30 AM
 
Location: San Antonio/Houston
21,589 posts, read 23,714,857 times
Reputation: 51863
Try Small Claims Court.
The Small Claims Court, A Guide to Its Practical Use - California Department of Consumer Affairs
http://www.calbar.ca.gov/Public/Pamp...allClaims.aspx - info how to
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Old 02-04-2013, 06:30 AM
 
6 posts, read 11,880 times
Reputation: 10
Thank you so much for that. It looks like the limit for that is $7,500. What should I do for something that's +11K?
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Old 02-04-2013, 06:32 AM
 
6 posts, read 11,880 times
Reputation: 10
Quote:
Originally Posted by chicagotodc View Post
The only option at your disposal is to sue or walk away. The long laundry list of items you have documented, text messages, etc would more than in all likelihood convince a judge the debt is legitimate. You seem overly concerned about this. Its relatively straight forward, particularly if you have a signed piece of paper with witnesses. I'd see what the state law says about small claims limits, and I'd probably file that way if possible.

Also, stop calling him your friend. He aint.
I guess I'm just scared that I'm missing something in my promissory note. A description or key word that might have been missing or just some other detail that I should've included. This is a very large sum of money for me and I just needed to be 100% sure that I covered all bases and fine print.
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Old 02-04-2013, 07:07 AM
 
Location: N of citrus, S of decent corn
17,189 posts, read 20,203,102 times
Reputation: 26262
Talk to a lawyer, but keep in mind that even if you sue and win the judgement, you still can't be sure you'll ever get the money, but you will still have the legal cost. Pay a lawyer for an hour and see if you can attach his wages or put a lien on something to get your money back.
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Old 02-04-2013, 07:07 AM
 
Location: Southern New Hampshire
4,321 posts, read 4,381,271 times
Reputation: 8639
Why, why, why would you keep lending this guy money when he didn't pay you anything back?

Good luck in court.
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Old 02-04-2013, 07:15 AM
 
Location: NC
4,664 posts, read 2,812,537 times
Reputation: 4406
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.
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Old 02-04-2013, 07:38 AM
 
Location: North Metro Atlanta
4,888 posts, read 6,215,357 times
Reputation: 3992
You file and get the judgment on records so if he comes into money you can collect.

You file against his tax refunds , attach his bank account, If he wins a big lottery, come into money.. you can get your judgment.
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Old 02-04-2013, 07:38 AM
 
8,322 posts, read 22,481,894 times
Reputation: 8065
Quote:
Originally Posted by tippyperez View Post
Thank you so much for that. It looks like the limit for that is $7,500. What should I do for something that's +11K?
Chalk up the excess amount over $7,500 as a total loss and head for small claims court, which is the least expensive way that you can present your case to a judge and potentially be awarded a judgement.

As posted above, however, your "friend" sounds like he's judgment-proof; ie, has no assets or ability to pay your judgement. If that's the situation, then a judgement is worth the paper it's printed on, no more.

Seeking the services of a lawyer will cost you plenty to go to a district court for the larger amount, with the same potential; ie, a judgement that you are unable to collect. You'll be out even more money, and given the CA court system, it could be years before your case even reaches a courtroom.
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