I spent money on a friend that said they were going to pay me back. This was mostly on shoes paid for thru PayPal. Also 4 a plane ticket as we were to travel together,and on the day of travel just pulled out. Everything came up to about 900 dollars; close to 1000. They paid me back 500.
This was summer 04 before they went back to college. Before they left I needed that rest money to pay my two credit cards which I always paid in FULL. Now take in mind i didnt have enough savings to pay both accounts until i got paid about 5 days later AFTER the bills were due. This caused me alot of stress as I recently got these cards, and never missed payments and again always paid in full.
So I ended up not being able to pay and with late charges.
I had some other charges that were pending to come on next months bill which i would have been able to pay, but coudlnt.
And now to this day, I am paying all this interest and my cards are maxed. What I can sue for? The rest money owed + interest?
2006-06-15
03:37:45
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8 answers
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asked by
Dru Naughty
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in
Politics & Government
➔ Law & Ethics
The statute of limitations has run on that debt. What you can do is contact the person and make them promise to pay anyway, and then another year will run from the subsequent promise. You must sue before a year's time. Get your friend to agree to pay you back the money owed plus interest and fees. Even is he/she makes a fake promise just to get you off their back, the courts will uphold.
2006-06-15 04:45:55
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answer #1
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answered by zentouch 2
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Recovery by legal action(s) would greatly depend on your documentation and/or witnesses to the transaction and/or the repayment agreement AND the statute of limitations within your state of residence or the state in which the transaction took place.
If this was just a verbal agreement between friends, without anything to support your allegations, it would be just your word against his. Do you have a receipt for the shoes and the airline ticket? Do you have a witness who can and will HONESTLY state this person asked to borrow the money, agreed to take the trip with you and the agreement for the purchase of the shoes? Is the witness also FULLY aware of the repayment agreement? Exact dates of the transaction and repayment agreement, names of witnesses are also essential to add to the credibility of your claim(s).
Another thing to consider is the statute of limitations in the state you reside. Most states the statute of limitations for any legal action is 2years from the date of the actual agreement and/or transaction. Also consider, the state where the transaction took place may/will take precendence, so you will need to determine the applicable laws of that state.
If you are within the statute of limitations, you may/could need to retain an attorney to recover any monies. But keep in mind the costs of legal/attorney fees and court costs. If you win, the judge would have to rule the other person is responsible for all legal fees and/or costs or you will solely be responsible. Considering you are out $500, the attorney fees + court costs will probably total more than the $500 owed.
Lesson learned... never loan money to friends or relatives without something in writing. I know this may sound very cynical, but it has happened time and time again between friends and relatives. Someone who will backout of a verbal agreement and abuse your friendship may not really be your friend.
2006-06-15 04:12:54
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answer #2
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answered by Anonymous
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Leo is right. You can only sue for the money lent and not repaid but not for interest or for damages. You had an oral contract, and as a result there was probably no agreement that they would have to pay interest. (But you will see such terms in written contracts, especially if they're written for businesses.) The damages are too "speculative" for a court to consider awarding them. You need to act (sue) before the statute of limitations runs out. If you win, the law will allow you to collect interest on the amount of your judgment, but only beginning with the date of your judgment.
2006-06-15 04:06:43
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answer #3
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answered by AnOrdinaryGuy 5
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i went through this with my old land lord
he through all of my stuff outside and most of it was stolen, i took him to small claims court and got almost of all the money i needed to get new things plus a little for things that could not be replaced like pictures and things like that. so i would take that person to small claims and you will get the rest of of the money that they owe you. more then likely the judge will tell you that it is your fault for paying your bills late. with credit card you do not have to pay in full so you should have paid what you could.
2006-06-15 04:01:01
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answer #4
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answered by Anonymous
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Well, from watching different court shows on TV, the plaintiff usually only gets back the initial debt owed. Any bills that accumulate due to overdue bills, late fees, etc. aren't the responsibility of the defendant. You need to consult a lawyer.
2006-06-15 03:45:42
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answer #5
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answered by Anonymous
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do you have a writen agreement that they would pay you back? if so when. if there is a date to be payed then you can POSSABLY get the money owed plus debt accrued since and do to the debt. but if it was "pay you back when i can" then they dont have to pay you until they can and in court im sure they will say i cant now and all cc debt and fees are your burden. best to ask a lawer, they will give you a free conseltation.
2006-06-15 03:44:57
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answer #6
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answered by Anonymous
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You don't have to have grounds for a lawsuit in order to file one. If you don't have a written contract then your chances of recovering the debt are poor. It doesn't appear that you've passed the statute of limitations for debt collection though.
Good luck.
2006-06-15 03:54:35
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answer #7
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answered by Anonymous
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Take them to small claims for the rest plus interest .
That about it.
2006-06-15 03:49:29
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answer #8
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answered by AMERICA FIRST 2
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