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Old 07-09-2010, 08:16 PM
 
10 posts, read 23,956 times
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I made a substantial loan to someone in a different state a year ago. I still have not gotten paid back, however, I have a list of excuses from them. How do I go about filing a judgment if they live in a different state? Not a close drive.

I have cancelled checks and emails making idle promises.

Can anyone give me advice?
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Old 07-21-2010, 09:50 AM
 
3,553 posts, read 7,020,370 times
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Janie,

I believe it's through the Secretary of State's office. Not Hillary Clinton, the Secretary of YOUR state. However, I doubt if it's worth doing. 99.9% of all judgements are filed against those who are "judgement proof".

Two hints. In future NEVER lend anyone money. Tell them to go to a BANK. If the bank won't lend them money that tells you what you need to know; THAT YOU ARE NEVER GOING TO GET PAID BACK.

One thing that I can recommend is that you mail them a letter telling them you are FORGIVING THE DEBT along with a 1099 for the amount FORGIVEN. This would include, principle, interest and your costs of trying to collect. This will not get you your money back but it will give you the personal satisfaction that they then owe their marginal tax rate to the IRS.

The beauty of this is that the IRS; never sleeps, never forgets, never forgives and the debt to the IRS is not charged off in a personal bankruptcy.

I've actually used this in the past to force fired salesmen to return samples and other things that belonged to my company and tenants to pay (partially) what they owed in rent when they moved or I evicted them.
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Old 07-21-2010, 10:31 AM
 
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You might want to see a attorney before sending them a 1099 on personal debt.
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Old 07-21-2010, 01:30 PM
 
1 posts, read 5,123 times
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If you can prove the debt is valid - go to their state and file your civil complaint with the local magistrate closest to their residence. That will cost a nominal amount for the filing - $100 - $150. Then proceed with a hearing. You must present what they owe, why they owe it, and request the judge to award a fair interest rate along with the judgement. When you get a judgement - you must file it with the county court prothonotary. The defendant will have a 30 day period to appeal. Then you can 1099 them or force a sheriff's sale of their goods and chattels. - Get the VIN of their cars and do a check with the state to see if the titles are owned outright or liened by any bank. Force the sale of them. etc.
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Old 07-27-2010, 05:06 PM
 
10 posts, read 23,956 times
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Quote:
Originally Posted by jimcorbett View Post
If you can prove the debt is valid - go to their state and file your civil complaint with the local magistrate closest to their residence. That will cost a nominal amount for the filing - $100 - $150. Then proceed with a hearing. You must present what they owe, why they owe it, and request the judge to award a fair interest rate along with the judgement. When you get a judgement - you must file it with the county court prothonotary. The defendant will have a 30 day period to appeal. Then you can 1099 them or force a sheriff's sale of their goods and chattels. - Get the VIN of their cars and do a check with the state to see if the titles are owned outright or liened by any bank. Force the sale of them. etc.

so how long do you think I have to stay in their area? How do I go about getting their VIN? Do I need to employ a lawyer in their state or mine?
I thank you for your advice.
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Old 08-01-2010, 01:20 AM
 
Location: Kailua Kona, HI
3,199 posts, read 11,683,010 times
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Get and attorney for yourself, give them all the info and paperwork that you have, and let them give you some true legal advice.

did you have any kind of written agreement?

Be sure you know where the heck this loser is; if he moves around and gets hard to find, it's gonna cost you more to get him served eventually.
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Old 08-19-2010, 02:16 PM
 
10 posts, read 23,956 times
Reputation: 11
Quote:
Originally Posted by KonaKat View Post
Get and attorney for yourself, give them all the info and paperwork that you have, and let them give you some true legal advice.

did you have any kind of written agreement?

Be sure you know where the heck this loser is; if he moves around and gets hard to find, it's gonna cost you more to get him served eventually.

I know where they live now, but he works in VA. Will that be a problem? They live near the MD/VA stateline.
yes, I have receipts and e-mails confirming that they owe me the money (~~~$4500.00).
I have learned a very expensive lesson.
Thank you all, again for your advice.
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