i want to know if i have to get a lawyer..or can i call the cops..to make him give me my money...if i got a lawyer...i would end up losing money because of fees...so what would be the easiest way..and what are the steps i can take....your feedback would be extremely helpful
2007-04-09 14:19:45 · 15 answers · asked by thatis it 2 in Politics & Government ➔ Law & Ethics
Was this loan made in writing? Loan greater than $500 in writing is require under the Statute of Fraud. The next step is hiring a lawyer and part of the judgment includes legal fees and summons processing fee.
After receiving being award judgment, you can place garnishment of the debtor's wages until the debt payoff.
Also, there is small claims court. I do not the process. You should check your local district court.
2007-04-09 14:29:59 · answer #1 · answered by c1523456 6 · 2⤊ 0⤋
This is a civil case not a criminal one; the police have no reason to be involved.
Claims of this size are settled in Small Claims Court, not just the TV shows like Judge Judy.
Do you have a contract or any proof that you loaned this person money and it was not a gift? I know when I made the mistake of allowing a friend to borrow a similar amount I made that mistake and I couldn't force him to repay me.
A verbal contract is only as good as the two parties involved. Unless you have a document that proves it was a loan and that you loaned that money to the person you are unable to enforce the contract hence the saying; "A verbal contract is as good as the paper it is written on."
If you have a witness to that loan then you might have a chance in court, but if it is a case of you say, they say then you are out of luck. Legally you have no recourse.
You do not need a lawyer to file a case in small claims court and the judge usually makes allowances for this. You should call a lawyer and ask for their advice though. Most lawyers don't charge for a bit of advice given over the phone.
Sites for Free legal advice in the US:
http://www.google.com/search?sourceid=navclient&aq=t&ie=UTF-8&rls=GGLR,GGLR:2006-49,GGLR:en&q=Free+Legal+advice
http://www.lawhelp.org/
http://www.freeadvice.com/all_topics.htm
http://www.lawinfo.com/
http://www.lsc.gov/about/grantee_links.php
http://www.thelaw.com/
http://www.flac.ie/
http://www.legalsurvival.com/
2007-04-09 21:36:55 · answer #2 · answered by Dan S 7 · 0⤊ 0⤋
If you are able to prove this someone owes you this money.. watch daytime tv they have court cases all the time and always need new ones.. you can take this someone on judge judy with all your facts...
And no you can not call the cops
And if you do get a lawyer (if you have proof) speak with the lawyer about getting your lawyer money and court costs added into what you are owed...
good luck.. and I hope you have a note or something about the money or you just gave a real nice gift away
2007-04-09 21:28:09 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Just who owes you $1000.00 and why? If this is an employer, you can certainly take him/her to small claims court to sue for lost wages (yes, there is a small charge to file papers prior to your court appearance; however, you can get this back if judgement is awarded in your favour). You will have to prove, without any doubt, that you are owed this money.
If this person is a buddy of yours or a family member, you may well be out of luck. If your $1000.00 was casually loaned (without any kind of repayment promise made in writing), you can also likely kiss that money goodbye.
I'm not one to condone violence, but you could always show up on his/her doorstep with a baseball bat ...
2007-04-09 21:34:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
YOu dont need a lawyer. Go to the courthouse or County clerk and ask for a small claims filing form. You fill it out and pay a small fee. They give you a court date and you show up-make sure you have ALL of your proff to back up your claim. If they dont show and dont pay go back and file a garnishment
2007-04-09 21:29:07 · answer #5 · answered by Anonymous · 1⤊ 0⤋
small claims court... no lawyer, needed, but you need to have documentation that this money is owed to you. and the promise of that person to pay it to you. even if you dont have the docs you can still go for it and see what happens
2007-04-09 21:34:24 · answer #6 · answered by Dink 3 · 0⤊ 0⤋
Other than slashing tires or something really bad, IF YOU CAN PROVE THAT IT WAS A LOAN OF SOME SORT, TAKE THEM TO SMALL CLAIMS COURT.
Or if you have their personal information, get their cell phone turned off, get their lights transferred to another location, cable turned off or something. Like really inconvenience them. Hey, try ruining their livelyhood or some sort get them fired, oooh, act like his lover and cause drama at the workplace. That will definitely work. SMILE
2007-04-09 21:30:23 · answer #7 · answered by Lil B 2 · 1⤊ 0⤋
File a small claims suit. If the dude owes you money, a court can enter a judgment in your favor and then you can try and enforce it afterwards.
2007-04-09 21:39:12 · answer #8 · answered by krollohare2 7 · 0⤊ 0⤋
Did you get a signed note in writing to the agreement? If not, consider it a gift and an extremely expensive lesson. Sorry I don't have better news for you. If you have it in writing then you can take them to small claims court.
2007-04-09 21:23:48 · answer #9 · answered by Anonymous · 1⤊ 1⤋
they best thing is try to get in touch with him and see if he will pay if not file small claims forms on him and take it to the courts if he doesn't show at court u win and then u can get your money from his work,checking accounts ,lots of stuff.
2007-04-09 23:13:54 · answer #10 · answered by mylittlesmokey 2 · 0⤊ 0⤋