what to do when someone owes me money put won't pay?

Question

I work for an individual she was not able to pay so I let her pay it out she owes me over three thousand dollars and has stopped paying anything at all. What should I do now

Answer 1

Small claims court - hope you weren't so dim as to lend that amount of money without something in writing. Be prepared to show that there is no way she could have reasonably believed that it was a gift, proof of her earlier payments would be helpful in this.

Answer 2

Since the amount is under $5,000.00, small claims court is your best bet. It would be wise to send the debtor a demand letter stating what is owed and an exact date it should be repaid in full. Send it certified with a return receipt. If the debtor fails to repay, file your claim with the court. Depending on where you live, it could cost as much as $77.00 to file. However, you can ask the court for court costs and filing fees if you win. Once filed, the court will serve papers to the debtor and a court date will be set, usually within 90 days, sooner if they can find the person easy. You will be notified by the court in writing of the date. If the debtor fails to show up, you will win the case by default and the judge will award you a default judgment. If the debtor shows up for court, you will need to prove that the debtor owes you the money. Also, submit a copy of the certified letter with the signed return reciept to prove that you tried to collect the debt in good-faith. Make copies of anything you wish to submit as evidence. The court will retain all the documents you submit. If they have to make copies of any of your documents, they will charge you for it. If you win, you will be awarded an Abstract of Judgment. 30 days after you win, you return to the court to request a copy of the Abstract of Judgment. You will then take that copy to the county clerk's office and file it as part of the official record. There will be a filing fee for this too, usually around $16.00 or so.

After you file it, it is official and will be reported on their credit report. If they sell any property, or settle an estate, you will have to be paid first and release the judgment before the debtor can do anything. That is about all you can do. If you know that the debtor has some personal property that is clear with no leins, you can file a Writ of Execution, and the personal propery can be seized and sold to satisfy the judgment. You will do this with the same judge that awards the Abstract of Judgment. The fee to file a Writ of Execution is usually over $100.00.

One time I did this to a guy that owed money and he decided to sell his house. He was SO mad when the abstract company that was handling the real estate deal wrote me a check for $4000.00. I had a big grin on my face as I signed the release form.

Answer 3

1. Collect all your paper work . Checks,notes,signed agreements...
2. Try to construct a time line of activities between you and your employer.
3. Run by a local attorney for some advice. Most will not charge you for the first half hour as you explain your peril. see how much it would cost you to have the attorney write the lady a letter and put some pressure on.
4. Small claims court would be next although many times I have found that a stiff letter from an attorney will bring good results.
I hope this helped
Good luck

Answer 4

You should talk to her politely and calmly as possible and at the same time be honest with her and say, Hi, how are you, blah, blah, blah and then say you haven't been giving me any money lately when are you going to repay me? You can't be any more honest and straight forward than that. You have every right to ask, after all it's your money she has. If she gives you a bunch of excuses you still need to be firm with her and say i understand you are having problems but you still have an obligation to me to repay me and i would like you to start again as soon as you are able to. Don't worry how she will react that is not your problem, if she gets defensive, which she shouldn't if you remain polite, but if she does it could be because she feels bad or pressured, who knows. Bottom line is she owes you the money and she should of ad least called you or met with you to let know what was going on.

Answer 5

If it is a small amount I would just forget it and cancel your friendship with this person. If it is a large amount take them to Small Claims Court. You can pick up the paperwork at the Court House and file it with a fee. The only problem is if you win a judgement it does not necessarily get your money. You can also threaten them with filing a report with the credit bureaus if you have documentation to prove the loan.

Answer 6

Well...you should tell her that she needs to get you your money, or you will have to take legal action. Careful though, it may cost you enough in court an atty. fees that it would not make it worth it. Unless there is some extreme circumstances why this woman cannot pay you, and it would be unconsionable for you to go after the money...you need to pursue it. You can take her to small claims court, and represent yourself...just get everything organized, state clearly why she owes the money to you, and you should be good to go.

Answer 7

It depends on how much it is, if it is a stupid amount then don't trip, like 2 dollars. But if it is something like $100, then if they can't pay you back and they are a friend, then tell them straight out, pay up. If they got a jpb, tell them to pay you in "payments" somthing where they have have money, but they be able to pay you back in a month. Pay you like 25 a week or something. Make a plan with them. If they truly your friend then, I'm sure they will be willing to do it.

Answer 8

For that kind of debt I'd phone up my old buddy from NYC, Guido, fly him here, and let him introduce himself to the slacker. I promise you'd have your money within 24 hours.

For a more rational method small claims court, but perhaps see an attorney about putting a lien on property. Small claims court will be long, drwan out, and not full recompense.

Rev. Steven

Answer 9

I think you should get your bank statement records and checks if you wrote her checks and any kind of agreement she made with you on paper. If she's not cooperating I would call her and record her and ask her to pay you back and make sure she acknowledges that she owes you money and whatever. As long as you document that and have it all on record you can take her to court and easily win. I am in that very same situation and I was told to document all the times I gave my ex money and get all the records I can and also document every conversation and if possible record them.

Answer 10

that may be over the limit for small claims court but if you took her to court you could at least get most of the money that is owed to you.