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Old 12-31-2007, 07:53 AM
 
15 posts, read 38,917 times
Reputation: 18

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Hi Everyone
Friend of mine came to see me with his money problem. I did not have any cash, but I got $ 5000 in my credit card. That was in 2004. He accepted to use the credit card, and we signed the agreement that by the end of 2004 he would pay the hole many. What happened was he paid the minimum, some time minimum plus $300.
In 2005 we signed another agreement, and same thing happened.
In 2006 he told me he would pay me with 2006 income tax money. We signed the agrement that he would pay me by the end of 2006. When he got that money he gave me only $ 300. I heart he got $ 5000 income tax money. He flew to Jamaica, party, got fun and came back.
This year he is paying only the minimun. Some time he is making excuses and I have to wait for two months to get two minimum payements.
One of his friend told me he said he don't want to pay any more, and he is plannig to go to another state.
Since he signed the agreement I want to take him to the court to get the balance. He is still paying the minimun for know. He is saying again he will pay the balance with 2006 income tax.
From 2004 to 2007 he paid $ 2000.
I need help to see if I can win the case. Thanks
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Old 12-31-2007, 11:25 AM
 
Location: Land of Thought and Flow
8,323 posts, read 15,202,725 times
Reputation: 4957
Question is, which is more important: Friendship or Money? It's a good lesson to learn, that you don't loan money to friends or family and expect it back.

And if you've got all the documentation, you could win in court. Make sure to get a lawyer, though.
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Old 12-31-2007, 01:01 PM
 
15 posts, read 38,917 times
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I want the money. I don't care about friendship. Do I really need a lawyer?
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Old 12-31-2007, 01:21 PM
 
Location: In a tiny, noisy, frigid cube
200 posts, read 889,957 times
Reputation: 142
Yes, you need a lawyer, to see if the agreements you signed between the two of you are actually legally-binding documents.

Oftentimes, things like that need to be notorized by an impartial third party to be valid, or he could claim you forged his signature.

Get a lawyer...but remember. If you loan someone money, and never see that person again, it was probably worth it.
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Old 12-31-2007, 03:09 PM
 
Location: Cary, NC
2,407 posts, read 10,697,779 times
Reputation: 1380
You don't need a lawyer to sue in small claims court (and based on the amount you've specified, it may fall under small claims court).

http://www.nolo.com/article.cfm/objectID/ADF1FA1B-C67D-4B95-AD615532C3AE0862/104/308/273/ART/ (broken link)

But I totally agree with sedie. I always say, if you loan someone $20 and never see the person again, it was probably worth it. I've been burnt before but just chalk it up to tuition to that school of life. Unfortunately, wasn't able to take a tax write-off for the tuition thing. You may be able to take a tax writeoff for personal bad debt.

http://www.home-business-network.com...icle_689.shtml

Good luck.
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Old 12-31-2007, 03:21 PM
 
4,709 posts, read 12,708,259 times
Reputation: 3814
Even if you win in court...collecting is whole 'nother matter.

Like the others said, consider it an expensive lesson.
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Old 12-31-2007, 03:33 PM
 
Location: in drifts of snow wherever you go
2,493 posts, read 4,421,273 times
Reputation: 692
Quote:
Originally Posted by mawulolo View Post
Hi Everyone
Friend of mine came to see me with his money problem.
Now you know why the banks wouldn't loan him money and the credit card companies wouldn't issue him credit. He was a bad risk.

Sometimes we have to learn our lessons the hard way.
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Old 01-01-2008, 02:20 AM
 
15 posts, read 38,917 times
Reputation: 18
Yes, I learn my lesson. Thank you for your contribution. Happy new year, and God bless you.
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Old 01-01-2008, 03:51 PM
 
Location: in drifts of snow wherever you go
2,493 posts, read 4,421,273 times
Reputation: 692
Quote:
Originally Posted by mawulolo View Post
Yes, I learn my lesson. Thank you for your contribution. Happy new year, and God bless you.
I wasn't trying to criticize you. I've learned many lessons the hard way. It hurts.
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