that was gained from using her credit card. He told her he would pay her back in a week (over a year ago) so she took a cash advance from her credit card . I know this was foolish on her part and she all so knows that. He owes her aprox. $7000.00 plus fee's. He will not pay her back he gives her money like $50, $20 here and there. She has stayed with him thinking she would get repaid but nothing now she is leaving and she wants her money of course. He said to her so take me to court. Come to find out this man has done this over and over to woman.
How dose she do this? She lives in New York state. What should she do? How dose she get all of her money back? Please Help?
2006-08-11 07:47:56 · 21 answers · asked by Kristine B 2 in Politics & Government ➔ Law & Ethics
A lot of times people will stick around a dead-beat so they can get their money back. Sometimes they're foolish enough to lend them even more money. The reasoning goes "well, if I alienate this person, I'll never get my money back". At least she didn't give him even more!
She needs to sue him. Send her down to the courthouse to get the necessary paperwork. There is also a website for this (see link below)
Does she have receipts for the small amounts he did pay back? I ask because he could always claim he paid more than he did.
She can't sue in small claims court in NY (up to $5,000). It would be well worth it to consult with an attorney.
Good luck
2006-08-11 08:01:47 · answer #1 · answered by Steffi 3 · 1⤊ 0⤋
She could take him to small claims court, but the jurisdiction there is usually no higher than $5000. That would be helpful, anyway.
However, in reality, the judge may tell her that this is an expensive lesson. Because he used the credit card with her permission, she really has no recourse if she can't prove that it was a loan.
Actually, I suspect she didn't mind until he stopped respecting her. That's when it became a "loan."
2006-08-11 07:53:29 · answer #2 · answered by rustyshackleford001 5 · 0⤊ 0⤋
Really there is no way to get her money back unless she has a signed paper saying that the money she gave him was a loan. Since the cash was taken out in her name she is ultimately responsible for repayment. If she takes him to court she will have to prove that the money was not given as a gift but as a loan. A lawyer might help in figuring out a way of proving that it was loan but the lawyer fees and court costs will far exceed the money she gets back.
2006-08-11 07:55:36 · answer #3 · answered by NaNuk_911 2 · 0⤊ 0⤋
This is called a civil dispute. She needs to get all of her paperwork together and contact either an attorney or a clerk in your local civil court. She will need to show how much he borrowed and how much he payed back. Even then, it may be tough to get the money.
If he doesn't have a job, you can't attach his earnings and even if you win in court --- if no job, how can he pay.
Unfortunately, this is one of those expensive life lessons. Never loan a friend money. If you can not afford to just give them the money, tell them no.
2006-08-11 07:58:23 · answer #4 · answered by tnmack 3 · 1⤊ 0⤋
I would take him to court as suggested. I don't know if she can file in small claims because I believe it only goes up to 5k however, she should be able to get a judgment against him for the full amount plus interest and fees. If you hire an attorney, you could probably sue him for that cost too.
2006-08-11 07:56:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
unless there was a written contract for him to repay the loan your daughter is probably up a creek. the contract doesn't even need to be notarized. often times a statement on a piece of paper signed by both parties is enough to hold up in small claims court.
but if there is no written agreement to say that your daughter loaned the money (not gave) and that her boyfriend would in fact pay it back she has very little legal standing. in the eyes of the law it was a gift.
2006-08-11 07:54:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋
THIS IS TOUGH THE GUY IS OBVIOUSLY A PREDATOR.
YOU CAN SUE HIM BUT IF HE HAS NOTHING WHAT WILL YOU GET ? YOU CAN'T GET BLOOD FROM A ROCK. THE ONLY LEGAL RECOURSE YOU HAVE IS TO SUE HIM FOR THE MONEY. BUT SUING HIM DOESN'T MEAN YOUR GOING TO GET THE MONEY. DOES THIS BUM HAVE A JOB ? IF YOU GET A FAVORABLE DECISION FROM A JUDGE YOU COULD HAVE HIS WAGES GARNISHED. OTHER THAN THAT THEIR IS REALLY NOTHING MUCH YOU CAN DO. TAKE IT AS AN EXPERIENCE AND MOVE ON. YOU STILL ARE OBLIGATED TO PAY THE CREDIT CARD COMPANY. DON'T RUIN YOUR CREDIT BECAUSE OF A BAD DECISION. GOOD LUCK.
2006-08-11 07:59:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
She wont get all her money back. But if she goes to small callims court and sues him for $5000.00 She should at least get that. I would start by taking a trip to the phone book and looking up the phone numbers for small claims court...worse case go talk to the police and let them point you in the right direction.
2006-08-11 07:53:04 · answer #8 · answered by akebhart 4 · 0⤊ 0⤋
The judge will probably say it wasn't a loan if they were together at the time and stayed together until now. He will also say that she only wants the money back because of the break-up. I hope she learned her lesson. It was a costly one.
Good luck, even if she wins her suit, it doesn't mean she will collect the $.
2006-08-11 07:55:01 · answer #9 · answered by o2bamy25 3 · 0⤊ 0⤋
File petition at Small Claims Court. Both of them will go in front of a Judge and he/she will hear the complaint. Tell your daughter to bring all evidence showing what her boyfriend owes.
2006-08-11 07:56:16 · answer #10 · answered by Anonymous · 0⤊ 0⤋