I was dating someone a couple of months ago and during that time he asked to borrow money from me. I let him borrow the money with the agreement that he would pay me back the following week. I made sure to write it in an email in case he stiffed me for it. In which he did and gave me excuse after excuse for not having the money. I ended our brief relationship and made payment arrangements for him to pay me back in three weeks and I told him, if he did not pay me then I would file a claim in small claims court. After making this statement he threatened to file a restraining order and an harrassment restraining order. Can this hold up in court? I have not threatened him physically, I only sent him an email stating if he does not pay by a certain date then I would file suit.
2007-03-15 05:54:01 · 3 answers · asked by cpalady828 1 in Politics & Government ➔ Law & Ethics
You should seek the advice of a lawyer in your area.
Generally speaking, it is not difficult to obtain a temporary restraining order (TRO) against someone, they are generally issued if someone files a simple application. The idea is that if someone is in real trouble, they can be protected. However, generally, the courts will require a hearing to determine if the temporary restraining order should be continued, or made permanent. If there is no basis for the TRO, the order will be lifted. The problem is, if there is no basis for the order, it will still cost time and effort to resolve the situation.
Threatening to file a lawsuit, generally speaking, is neither harrassment nor a basis for a restaining order.
My person advice: unless you loaned this guy a boat load of money, you may want to forget collecting it. You could call it the expense of finding out what a loser the guy is, and it may be worth never having to deal with him again.
My personal policy is to never loan money, to anyone, at any time. If someone really needs money, and I have the money to give, that is what I will do. Unless I really don't like the person, and it is a relatively small amount, and I don't expect to be repaid, then I will call it a loan.
If you really need to try to get this money back, then file the small claims action. Don't worry about his stupid threats. Unless you know where he is working, and you know you will be able to garnish his wages, it may not be worth going through the process. The choice is yours.
I hope this helps. Good luck!
2007-03-15 06:47:59 · answer #1 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
Anything can happen in family court, its pretty much a joke. However, if you feel you can argue your point well enough to convince a judge, file your claim in small claims and have him served. He cannot get a restraining order against you for harrassement because you filed a suit against him. In court explain your case and present as much evidence to support your claim as possible Show your e-mail with the date on it and if you withdrew the funds from a bank try to get a statement showing the date and time to cooberate your story by having matching dates and amounts as stated in your complaint. He will of course deny everything and lie under oath to discredit you, but its basically all up to the judge. Come to court dressed nicely and respectfully. Have a nice attitude, and be respectful to the judge. If he comes in with an attitude, he'll dig his own hole.
2007-03-15 06:04:17 · answer #2 · answered by Sane 6 · 0⤊ 0⤋
candy mom of god, woman !!! you're on FIAH !!!!!!!!!! Hail Goddess,and her little god,too, for thinking exterior the field and then damn it !! Come to think of of it..... Hmmmm. damn, in case you do no longer make experience!
2016-09-30 23:21:52 · answer #3 · answered by ? 4 · 0⤊ 0⤋