I borrowed someone in my family a few thousand dollars for a very important thing, and I lived in a different state than the person, so I had my bank wire it to their account. They promised they would pay me back $1000 a month because they were recieving that much a month in social security checks. This was back last November, I still haven't seen a penny of it, and the person now keeps saying 'you'll never get your money back'. All I have legally I think to show the court is the bank statements showing the transfer, so how would this hold up in small claims courts? Do I have a case/ would I win it? I'm very very frustrated...my relationship with this person is fine other than this issue...but I really really need my money back.
2006-08-08 12:36:14 · 3 answers · asked by HarrisHorror 1 in Business & Finance ➔ Other - Business & Finance
If you don't have anything in writing from them saying they'll pay it back and the terms, you're not on real strong ground. You can sue them in small claims court, and if they're in another state they might not show up to defend their case, so you'd get a judgement against them. That just gives you a piece of paper that says they owe you the money - then you have to attach their assets or figure out some way to collect it, and this would probably involve a lawyer and would end up costing as much as you loaned.
You might have to chalk this one up to experience. But the threat of small claims court, which is really cheap and you don't need a lawyer, might shake at least some of the money out of them.
Nobody ever said life was fair. Sorry.
Good luck.
By the way, recording a phone conversation without notifying the other party that you're doing it, as suggested above, is illegal and can get you in major trouble.
2006-08-08 13:44:30 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
well that is all you really need it is up to him to prove why you would give them so much money and what for with out a letter card saying this is a gift he has less to stand on ten you do so yes I'm almost one hundred percent positive you will win and if you are smart I would phone them . again and ask for the money and let them tell you they are not giving you the money back but tap it on you answering machine . and that will give you a little more advantage. also make sure that the they are responsible for your court charges as well.
2006-08-08 19:47:52 · answer #2 · answered by lois k 2 · 0⤊ 0⤋
You will have to take them to a small claims court to get it back.
2006-08-08 19:42:49 · answer #3 · answered by mageta8 6 · 0⤊ 0⤋