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devils_advocate | I had loaned 6000 dollars to one of my friends 3 years ago but he is not returning the money? |
If I want to file a claim in court, can I do it. Also how much time do I have before I can get the money back? If he files for a bankruptcy then will I loose the money?
Additional Details
If I want to file a claim in court, can I do it. Also how much time do I have before I can get the money back? If he files for a bankruptcy then will I loose the money?
IS THERE ANY TIME PERIOD BEFORE WHICH I MUST FILE A CASE AGAINST HIM |
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amace020
 |
Chalk it up to stupidity and experience.
You can't go wrong with Ben Franklin:
Never a borrower or a lender be.
That goes DOUBLE between friends! |
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asmikeocsit
 |
I am not an attorney.But yes,if you have a signed IOU from him,you can take him to small claims court and get a judgment against him.The terms of repayment to you are determined by the judge I believe.However if he files for bankruptcy and it is allowed.Your judgment becomes null and void.Sorry about your situation. |
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OhIdonno
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The IOU will save you in court. Written documentation will prove he owes you the money. I think it's (7) years before you'll never get it back, but this varies by state. Don't worry about bankruptcy, this is not your problem. Get into court, get the ruling, collect the money. Done. |
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alexa2829
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If that "IOU" is signed by both parties, including a date, then you may be able to file a claim in a Small Claims Court. :o) |
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v-ballgurl
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Have you asked a lawyer. They could help you the best. |
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christygirl2714
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Geezz.. I have learned my lesson borrowing money to family. I only got half back.. Never trust anyone.... Sorry man.. |
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King Yellow
 |
If there's a signature on the I.O.U., then you should be able to go to court about it. Get a lawyer or go to a personal claims' court, because it's worth the $6000. I'm not completely sure, but I'm sure your local community center or something in the phone book has some sort of legal counseling service. |
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john_killebrew
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never loan money your not willing to give away,unless thats your buisiness. |
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Davie
|
You might be able to claim in small claims court if you can prove you lent it. Do you have a cancelled cheque, or does your bank still have it (although the I.O.U.should be enough).
A friend of mine in a similar situation put a claim on the guy's house, so if he ever sold the house, they would have to pay you before the new owner could get clear title. It stopped the man from selling the house, so my friend had to keep on the guy's back for years getting back $50. every now and then.
Of course, he eventually got it all back PLUS interest on the money while his friend had it.
You might also garnishee his salary. If you tell him you are going to do it, perhaps he will start paying you back so you will not make him look bad to his employer.
You will need a lawyer to draw up the garnishee, or register a claim on his house if he has one. (A lien, they call it).
You could probably go to Small Claims court on your own. Call them to find out where to get the form for filing a claim.
If all this fails, you can telephone him every other day, and perhaps he will eventually pay you off as my friend was paid off, to get you off his back. |
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wmp55
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If you don't have any paper, you're out $6000 and a friend. |
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audree
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sucks 4 u. i'll make a plan that will get me and u into his house. i'll "distract" him while u steal his money, checks, whatever u c 1st. sounds good...right? |
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realjacko2000
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i watch ALOT of court shows,you can definitely file in claim court and if u have an iou u win automatically,on the bankruptcy thing u might be out of luck if he files but it is hard 2 file with new laws,you have about 5 years i think 2 file,i wouldnt put it off much longer,and if u win which u will with an iou the court makes him pay within a week i believe if he doesnt pay a warrant will b issued for his arrest |
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under your bed
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i agree with mell on this one but ur gonna lose ur 6 g's if ya win my advice duct tape his body and peel it off real slow |
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it's your own fault
|
If you have an IOU, signed by him, with stipulation on payments and how long it will be before he has to have it all returned to you, you can go to small claims court, but be forewarned. Some small claims courts only allow you a mximum of $3,500.00 to $5,000.00. Better get moving. |
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icemike014
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you got what you deserved loserrrrrrrrrrrr |
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M
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sue him. easy as that |
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mac
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Don't know how the law would see it but do you really need it enough to start court proceedings, just remember that "what comes around, goes around"...he will get his comeuppance eventually. |
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steel
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Why don't you forget about your money and your friend, because if not you are going to waste more time trying to collect an account noncollectable. |
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Franco
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Please note that the quickest way to lose friends is to lend them money. Re your questions:
If no time was stipulated for returning the money then you will have to give due notice to the borrower and allow him reasonable time to pay, eg. one month.
If the borrower declares himself bankrupt, then his free assets if any, will be used to repay his debtors according to a set rule on priorities to which the administrator will have to adhere. You may find it preferable to talk to your friend calmly and offer to forgive him part of the debt,in return for prompt payment. Good luck. |
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beach_girl
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Well...first...just say, "You owe me!" if he doesn't listen, u could call the police. |
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sexy_trini_gyal
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y da hell?.... |
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dmh
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First and foremost never lend friends money or least not anything over $20.00. Never do business with friends or family. If you haven't seen a payback in 3yrs; you never will. Is there proof you loaned the money: check, receipt etc? If you have proof you have a case in small claims, if you have no proof; you are S.O.L. |
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