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Ever take someone to small claims court?

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36 replies to this topic

#31
AUskip07

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View PostNextYearIsHere, on 10 June 2013 - 07:38 PM, said:

Is it worth it? If you win, are you guaranteed to get your money back?

Long story short, I loaned a very good friend $1400 dollars back in Jan. He has paid me back $190, but nothing since Feb. I'm in SC and he's in Texas, so can I even sue him here?

Yes I know to never loan anyone money ever again, so please no lectures. Just curious if anyone has ever had to deal with this.
Thanks


Your liberal.... that should be par for the course


But do you have anything in writing with a signature that you loaned him money with his intent to pay you back?
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#32
Herschel Talker

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View PostCrimsoNation713, on 12 June 2013 - 11:23 AM, said:

gotta C note I can borrow ?

Your friendship is worth about 62 cents. Just for the record ;)
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#33
CrimsoNation713

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View PostHerschel Talker, on 12 June 2013 - 01:20 PM, said:

Your friendship is worth about 62 cents. Just for the record ;)
I'll take it !
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#34
GatorUnvrsty

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View PostAUskip07, on 12 June 2013 - 12:30 PM, said:

Your liberal.... that should be par for the course


But do you have anything in writing with a signature that you loaned him money with his intent to pay you back?

Verbal agreements, or oral contracts, are as binding as written ones. The ability to prove there was an oral contract is another matter, but it's one that gets resolved all the time either by the judge after listening to the testimony about the event and deciding who is more credible or by a witness to the agreement.

For example, few people are going to give a 4-figure "gift" to someone they're not in a relationship with; they're going to expect that money back. And if it's determined during the testimony that the borrower was in some kind of predicament (broken down car, unexpected illness, high bill, etc.) or emergency that he could not afford to resolve by himself, the judge may reasonably assume the request was to borrow the money because he was desperate for help.

People requesting help because they're desperate don't typically ask for gifts at that point (too great a risk of being turned down); they ask or beg for a favor... and a favor is usually a loan.
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#35
NextYearIsHere

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View PostSECats, on 12 June 2013 - 05:10 AM, said:

As Dave Ramsey would say....just chalk it up as "stupid tax".  We all pay it at times, some more than others.  Learn your lesson and move along.

Nah. If I end up not getting the money back, that's one thing, but I'll take him to court and do my best to make him regret doing this. I literally feel at this point that its not about the money anymore, it is about him learning not to use and abuse his friends. He's 30, time to be a man and keep (or at least try to keep) his word.

View PostGatorUnvrsty, on 12 June 2013 - 08:48 AM, said:

Friends, renters, employees. I've been in several different situations.

I've also "loaned" money with no expectation of getting it back, but not 4-figure money; I don't give gifts like that to just anybody.

This is my take on a 4-figure loan to someone I consider a friend.

If I'm a good enough friend to make the loan, and it becomes clear the other person is just taking advantage of me, then obviously I'm the only person who values the friendship; so I no longer worry that taking them to court will ruin the friendship, since I'm obviously the only one being a friend.

I wouldn't care if the person paid $10 a month to pay off the $1000; that'd be just fine, and tells me the person understands his responsibility and the 2-way nature of friendship.

If I loan someone a significant amount that the borrower never even attempts to repay, or if I make repeated loans, even after never being repaid for previous ones, I'm not being a good friend; I'm buying friendship.

Excellent post. I agree 100%
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#36
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View PostAUskip07, on 12 June 2013 - 12:30 PM, said:

Your liberal.... that should be par for the course


But do you have anything in writing with a signature that you loaned him money with his intent to pay you back?


You're liberal*


And yes, I've got the signed check that says it was a loan. Not to mention a dozen texts and FB messages saying that he is going to pay me back.

Edited by NextYearIsHere, 12 June 2013 - 04:26 PM.

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#37
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