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I said I have no OTHER proof except the note, a copy of check for 6K and a credit card bill for 2K.
Quote:
Originally Posted by cindersslipper
So you have physical evidence of $8k debt, and an acknowledgement from him of a total $15k debt which also amounts to evidence.
All good.
Now you need to ask him for it and give him a timeframe in which to get it to you.
If he doesn't pay, what you have is sufficient to start legal actions and win, on the face of it at least.
This isn't CSI or anything along those lines... Your burden of proof is simple and straight forward. It isn't hard to prove. The important piece you need and claim to have is a signed note that he repays you.
Let me make this simple. If you want I can even get the crayons out. Ask him if is he able and willing to repay you. Give him the total and accept payment. If he is unwilling, then yes take him to court. The amount isn't that much and you could likely settle the issue in small claims court. It depends on the cap for small claims action.
FYI, when I got together with my ex, his previous gf owed him $7k. She did eventually pay him back, many years later after she got another degree and a better job. Not all ex's are deadbeats or dishonorable people.
The 'waiting for you to tell him the amount' part, though, really sounded to me like the sort of BS someone spouts when they are not necessarily intending to never pay you, but have it very, very far down their priority list. Very far.
That's why I was suggesting the DIY garnishment and stuff. Also, IME, involving pretty much any third party helps. A mediator is great, but his boss or even his mom might be helpful He might think of you as a pushover but not want to embarrass himself in front of others.
Directed towards the Op..
I know your hesitance to pursue a lawsuit however you were clearly taken advantage of...
I would discuss with him...Including:
1. Making a copy of the note and any other receipts and so forth
2. A list of things you recall helping him with
2. Reminding him of the time frame
If he does not agree to the amount take him to court, you have enough for a recovery and retainer fees.
Shop around for the best lawyer possible...
You may not end up with the original amount owed after lawyers fees are taken out but at least you will get some back..
Go with the amount on the promissory note. You will probably have a lot better luck collecting in payments; I doubt he has $15,000 sitting around. I would figure out a 3 to 5 year payment amount that includes some interest, and then offer him the option of $15,000 now or a monthly payment of $X for three to five years.
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