Very OT: Ask the lawyers (or anyone who knows about collections) - YouLookFab Forum

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Very OT: Ask the lawyers (or anyone who knows about collections)

rae

(website)

Veteran

I'm sorry to post this here, but I'm really failing in my online research today, and I really want to get this issue off my plate and out of my mind so I can focus on what is supposed to be a happy time in my life.... -_-

About seven months ago, I lent my good friend $250 on the promise that she would pay me back in "two weeks, max." Well, she turned out to not be such a good friend after that. She's lied to me more than once about when she would repay me, and also publicly told a "funny story" about how she lost $1500 gambling at the casino instead of paying me a cent. That made me so mad that I asked her for whatever she had then and there and managed to get a whopping $25 out of her. Now, she continues to give excuses and say she can pay in X number of weeks, but I have no reason to believe her. She has also been caught in a couple more lies to me and our mutual friend.

At this point, I just want my money back. This person has been so rude to me that I'd be fine never to speak to her again if not for the loan. I have the carbon copy of the check I wrote, which clearly says "LOAN" in the memo line, and I have emails where she has acknowledged the debt and promised to pay.

My question is this: can I use a debt collections agency to try and recover the funds owed, or would I have to take this to small claims court? It's such a small amt that it'd probably cost more to go to court than to just consider it an all-out loss.

General

25 replies

Latest reply was from Kim

biscuitsmom

Veteran

As long as you have the copy of the check (smart lady! yay!) I would take her to small claims court. It doesnt cost very much and you're sure to win...a collection agency would need to get a court order to ensure collection (a garnishment from her paycheck) and it would teach her a good life lesson. SO sorry you are having this problem, but I wouldnt just let it drop, as long as you are ok with losing the friendship....doesnt sound like you'll be missing much!

Mo

(website)

Veteran

Sadly, my BF the finance manager said flat out "people aren't even paying for their houses or their cars and there's no repurcussion, no debtor's prison." I'd write it off as a loss - and a lesson learned. Sorry

I should add that just winning in court does not get you the money. It gets you a judgement to start with.

Sorry to keep adding to my post, but without a contract and timetable for repayment, just the term Loan is too openended. Not trying to bum you out, just relaying info from the loan guy on the couch

rae

(website)

Veteran

Hm, we did outline terms in the email, but I know it's not the same as a contract, since it is not signed. But it should go towards proving a verbal contract was created, and then the statute of limitations says I have 2 years to sue.

I was hoping that small claims would be a little different, since it's not tainted by the mess that is mortgaged-backed securities, and there is a clear owner of the loan.

I know it might be too much to ask for... letting her get away with the way she's treated my really sticks in my craw.

Mo

(website)

Veteran

I would try if it's not costing you anything. But again, just getting the judge to say that they do in fact owe you is still a far cry from having the money in your hand . . .

catgirl

Veteran

A small claims judgment will get you the paperwork you need to garnish wages or go after some other asset - if she has nothing and is judgment-proof (broke), you may be out of luck. So sorry you're dealing with this... what an awful way to end a friendship.

MsMary

Veteran

Often people are very freaked out by the thought of being sued, even in small claims court. So once you file she may fork over the dough, or at least some of it, to keep from getting a judgment against her.

rae

(website)

Veteran

Mm, so it looks like I would have to go to small claims. In that case, since I'd lose a day of work and have to pay the filing fee, I'd be losing out on about $200 + gas costs to sue for $225 - not so cost effective. Blah.

As my friend here pointed out, nothing will ease the feeling of hurt, and nothing is likely to convince this girl that she is in the wrong... she is also one of the people who bailed on my bridal shower - after I called her crying the next morning (something I *never* did before) to tell her how hurt I was, she went and complained to our other friend that I made her deal with something like that so early in the morning. I mean, WTF??

I guess weddings really do bring out the worst in people.

rae

(website)

Veteran

Ah, Mary, we posted at the same time.

Unfortunately, I don't think it'd freak her out. I also don't think she'd show up to court, but that'd still leave me out a day's pay.

chewyspaghetti

Veteran

I think you're best off cutting that friendship out of your life- it's creating stress for you that you don't need.

Rachel

So sorry your having to deal with this Rae. She doesn't sound like a good friend, be happy to be rid of her.

taylor

Veteran

She certainly doesn't sound like a very good person, and not worthy of your friendship, time and energy...count your blessings this relationship has died a natural death...tends to happen when someone steals and lies!
Water seeks it's own level and you need to spend time with ~like~ people...those who gave/attended your bridal shower! and your YLF family of friends:)

Freckles

Veteran

This must be so difficult for you Rae. Sorry for your pain and hopefully karma will win in the end...

catgirl

Veteran

Rae, you may not have to go to court... here you can file your complaint and serve it on the defendant If the defendant doesn't respond within 20 days, the court enters a default judgment automatically.

qfbrenda

Veteran

I'm sorry, but I would just write her and the loan off. And next time a friend is in need, I wouldn't loan money. I would give them money instead. Money loaned between friends generally isn't a good idea. I'm sorry you are dealing with this.

Debora

Veteran

So sorry that you are dealing with this, Rae. What an awful friend! I hope it doesn't take away from the happiness you should be feeling at this time in your life. Hugs!

san

Veteran

I'll tell you this story only that it may help you feel better. Some young people that I know loaned a friend $5,000. It was never paid back.

rae

(website)

Veteran

Thank you for all the support... I've had a tough time dealing with this, but it truly has made me appreciate the kindness and love in my life even more.

Una, I will look into what the default rules are down here. A $30 fee is no big deal if I don't have to miss work.

qfbrenda, I wish I had been in a place to give her that much money free and clear! But I had wedding costs to cover, no permanent job, and she was adamant that I'd get it back almost immediately... a life lesson for me, I guess.

Khris, Rachel, Debora, Taylor, Freckles... you are totally right. Just because I chose certain friends 10 years ago, it doesn't mean I have to continue to choose them today. The care and concern shown by the YLF family (love that!) continues to blow me away.

Aunty

Veteran

Oh Rae I am so sorry you are having to deal with this. If it helps I did the same thing, because I am a sucker for a sob story. It took nearly 2 years to get the money back.
As for the lady herself, I think you have to walk away from her a a very brisk pace and do not look back!

Louise

Veteran

Oh Rae what a nightmare. I agree with qfbrenda I'd sever all ties with her, she doesn't deserve a friend as fab as you. I also believe fate has a way of giving people their comeuppance, sooner or later some bad luck will bite her in the a** in return for the way she treated you. Failing that, superglue in her car door locks should cost her a bit to fix ;-))))

ButterflyLady

(website)

Veteran

Rae, I'm sorry you're having to deal with this. I agree with Louise (although not sure about the part about supergluing her car locks ... !!)

Kim

Veteran

Well, if you don't manage to get anything back, (likely) I'd try and look at it this way...For $250.00 I don't ever have to see that person again. Money well spent, since it showed you what a friend she is (not!). It could have been a lot worse years down the road when she "needed" a loan for a car or a mortgage payment etc and wanted you to co-sign.... Now you will NEVER have to deal with that!

rae

(website)

Veteran

Aunty, thank you for sharing your experience. It does help to know I'm not the only one who has fallen for a sob story...

Louise, don't tempt me!

Kim, that is a perfect way to look at it: I spent $250 to learn a valuable lesson, find out there was someone untrustworthy in my life, and avoid future problems.

MsMary

Veteran

Hugs, rae! I think most of us have been through a similar experience and if we're lucky we learn the lesson and move on!

I once loaned somebody money to buy a car, and the only way I ever got paid back was by marrying him and commandeering his paycheck every week! LOL

StacyJo

(website)

Hugs Rae, yes it stings but it may be a good 250 spent to keep untrustworthy people out of your sacred circle.

Kim

Veteran

Think of it as the cost of a reference check...(She failed by the way! LOL)