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kitkat | What do I do if someone owes me money and does not want to pay me back? |
Do I need to get a lawyer or collections agent? Please help. Additional Details The amount is $15,000 and the only proof is the check that she deposited. Is there a type of attorney that I need to contact or any attorney would do? |
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stmanley
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First question to answer is how much money is involved? In many states, smaller amounts can be handled in a small claims court which does not require you to hire an attorney.
Second question to answer is how did you loan them the money? Is it a documented transaction with a promissory note or was it a verbal agreement between you and the borrower? If it's the latter, you'll need evidence that you actually made a loan and that it was not a gift.
If it is a larger amount, you probably will need to consult an attorney.
With the new information provided that the amount is $15,000, small claims court is not an option UNLESS you reduce the amount of your suit down to the small claim court limit. Meaning that if your state's small claim limit is $5000 you can sue the borrower for that amount and forget about collecting the rest. Positive side is that you can do it yourself without an attorney.
Otherwise, you will need to hire an attorney who will file suit against your borrower. In your consultation with your attorney, he/she will advise what the odds are that you will win this case and what the anticipated fees costs and fees will be. Once you have that information, you'll be in a better position to decide how to proceed.
The problem as I see it is that you haven't documented how the debt was to be repaid. You can most likely prove that the money was loaned and not gifted but there are a few hurdles to get over to prove they are in violation of a repayment agreement that doesn't exist in writing. |
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Question Addict
 |
In most caes, you will need to take them to small claims court. If the amount owed to you is more than the limit in small claims then you need to get a lawyer and have them deal with it. In either case, unless you have a contract for payback or witnesses to the agreement of payment it is your word against theirs and you will be pretty much out of luck. |
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60s Chick
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First of all, did you make an actual agreement with that person for him/her to pay you back? Because if it was agreed upon by both of you, with no question about each understanding the other, then you can either get a lawyer or go to small claims court.
My husband loaned money to a friend/co-worker years ago and never got paid back fully.
Decide whether it's worth the hassle involved to involve the law. You may just have to write it off and know not to loan money ever again to that particular person. |
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guehnwyvare_of_atlantica
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Depends on the amount of money we're talking about. Small claims court usually isn't worth it. Without a contract regarding repayment, it's going to be hard to prove, even though a verbal agreement is still a contract. Collections isn't going to recover enough for it to be worth the trouble. If it's in the thousands of dollars or higher, get an attorney. If it's under a thousand, don't bother. |
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Akasha
 |
Never let anyone borrow money or anything that you are not willing to lose. |
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alion300
 |
More information is needed,but if the person who owes you is a
friend try to remember that friendship is more valuable in the end.
If a friend borrows without paying it back despite reminders,the best thing is just to write off the debt. You can always make a note to politely turn them down when they come back to borrow more. |
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Big Mac
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Get a lawyer and take them to court. Let them know that you don't play around about your money. |
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gatorgirl
 |
Lawyer! I might have the help you need. Please email me and I can send you info so that you can talk to the firm asap! |
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G G
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just put them on "never again" list. |
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winnetou_run
 |
Ask him or her if he or she will need some more money from you. |
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mc
 |
i would say give me the money or i am coming to your house 2 get it so i would give it to me or else |
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the best thing he never saw...
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haha!
just kick their ***!lol
i would.lol jk
well talk it out and say you could really use the money.
put them on the spot.
tell them you need it for a health problem
or some thing like that.
you dont really have to make a seen.or excuse.
after all.they are the ones that owe you money. :) |
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