In March of this year my Fiance took out a loan of 5G and lent it to a friend of his from work. The guy was supposed to take over the loan completely and make the payments. He was supposed to take care of it all. Well of course he took off with the 5G. Now he didnt sign anything saying he got the money, and my fiance didnt give him a cheque. The only proof we have is that the 5G went in and out of my fiance's account, then the other guy got 5G richer later in the day. Now the guy wont return our calls nor pay us back. What can we do? Is it even worth getting involved legally, or will we just lose because of our own stupidity? Thanks!
2007-11-29 15:29:45 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
you got it right
your own stupidity cost you 5G's
never a lender or borrower be
2007-11-29 15:36:31 · answer #1 · answered by michr 7 · 0⤊ 0⤋
never lend someone something you plan on getting back cause you never get it back .
the guys a co worker of fiance , well evedentaly hes no longer employed there , cause hubby /fiance wouldnt have to make the phone calls , u can take him to court but its your word against his , what did the guy need the money for , if u tak e him to court for the money u may have to know this u can also hav e his bank records etc supinad ( sp) , but its up to you , in my opinion the guy wasnt a good friend , and your husband was way to generouse with what he didnt have to begin with , never take out a loan to loan someone something , cause in the end you loose out good luck
2007-11-29 23:42:44 · answer #2 · answered by dale621 5 · 0⤊ 0⤋
Because the loan is in your fiances name he factually is responsible for the loan. Based on the issue you present trying for a civil remedy would be more costly than what it is worth. Unless there is other individuals who can provide and prove evidence of recieving these funds in their witness the case is pretty much here-say. I am sure that this is a lesson learned. I wish you luck. But, you may not be able to recover and will be liable for the loan.
2007-11-29 23:40:43 · answer #3 · answered by Devontrit Whiteside 2 · 0⤊ 1⤋
Your fiance can sue him.
Will he win? Who knows. In "most" places, $5,000 is below the limit for small claims court, so it'll only cost a handfull of dollars for court fees to find out.
Certainly, if he says "I never got $5,000 from him, I don't know what he's talking about" it'll be hard to prove.
Think back. Did anyone else know about the loan at the time? Do you know why he needed it?
If, for example, he said he needed money to pay back rent, you might be able to subpoena his landlord to say that, yes, the guy suddenly paid his back rent the day after your fiance withdrew the money from his account.
Get creative...... there may be some other ways to demnstrate he got the money.
And in future...... GET IT IN WRITING!
Richard
2007-11-29 23:38:36 · answer #4 · answered by rickinnocal 7 · 0⤊ 1⤋
You should call a lawyer in your state. Most lawyers will give you a free consult and generally collections work is billed as a percentage of the debt. I doubt you will ever get it all back but you may be able to get some.
2007-11-29 23:42:57 · answer #5 · answered by C B 6 · 0⤊ 0⤋
The verbal contract your fiance had with the "friend" is only worth the paper it is printed on.
2007-11-30 07:25:09 · answer #6 · answered by Gray Wanderer 7 · 0⤊ 0⤋
You have absolutely no proof that you gave him anything. Sorry. I do not see you winning in this situation.
2007-11-29 23:33:16 · answer #7 · answered by Anonymous · 0⤊ 2⤋
What were you thinking at the time???
2007-11-29 23:36:45 · answer #8 · answered by Barry auh2o 7 · 0⤊ 0⤋