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wheels69 · 07-29-2013, 11:22 PM

Loan out a so-call friend some serious cash ...we even made a contract saying that he would pay me back within a year
that was 7 years ago
my question ...can I file a lawsuit for breach of contract or file crimanal charges for stealing

MsPrittiKitti · 07-29-2013, 11:50 PM

Tough one.

May want to ask in the legal forum.
I just watxh judge tv shows..my best guess is too much time passed.
But thats based off my "tv knowledge"

Mokoa · 07-30-2013, 12:39 AM

The forum referenced in MPK's post is here...

A Question of Legality

Guest100314 · 07-30-2013, 04:44 AM

Call in the Goons

colt · 07-30-2013, 04:51 AM

Getting a judgment is the easy part collecting the money, way harder in this state. If he has a car and a Harley, snag the Harley, they always paid when I did that. A lawyer knows how to get a judgment but most can't do the collecting part, don't know how to find the Harley when he hides it.

Unless you are ready to take on being your own counsel prepare to spend $5K and get nothing, if he is a true deadbeat sorry no good mf, and probably owes all his friends, you will never see a dime, just waste a lot of time and anguish. But you will have a drawer full of papers to start a fire.

I use to buy judgments and collect them, till I kept getting shot, didn't seem worth it after that. Meeting all the scum bags wasn't that interesting, but I knew every lawyer and judge in the county.

Crap if its been 7 years he could use the laches defense, and I'm not sure its isn't too late otherwise unless you made "written" attempts to collect.

Guest070517 · 07-30-2013, 06:56 AM

Getting a judgement is easy... go to court.. show your case.. (of course he wont show)..Judgement in hand.. Collecting is a different story... you can put a lien on them.. sometimes works.. but if he is a dead beat.... aint gonna happen... Friends in LOW place always helps.

colt · 07-30-2013, 11:35 AM

U can't put a lien on any thing! U statr with a writ of enforcement. He tells deputy he got no money. Do asset check, if ur daring and he has a bank account in his own name alone garnish it. Expensive and risky and bank attorneys are all about protecting the bank. When the checks start bouncing u get there full attention. I've gone as far as getting a capias when dead beat failed to show with motor cycle and keys as ordered by judge, when the orange suit went on I got my 60k.

colt · 07-30-2013, 11:38 AM

One more tip if he owes child support forget it anything u snag will go to child support. With child support u can put a lien on property but not homstead, but u can stip it to the bare walls.

colt · 07-30-2013, 11:54 AM

U can't put a lien on any thing! U statr with a writ of enforcement. He tells deputy he got no money. Do asset check, if ur daring and he has a bank account in his own name alone garnish it. Expensive and risky and bank attorneys are all about protecting the bank. When the checks start bouncing u get there full attention. I've gone as far as getting a capias when dead beat failed to show with motor cycle and keys as ordered by judge, when the orange suit went on I got my 60k.

Stitch · 07-30-2013, 01:40 PM

I had a similar situation. My "friend" filed bankrupcy and had my loan to him dismissed. I did however right it of over several years on my taxes (you can right off $3k per year and he owed me 26k) and I reported the charged off loan as income to him. In the end I lost the money but got a little satisfaction when the IRS got after him and uncovered all of his underhanded dealings. Now he is in the federal pen and I fuck his hot wife every so often. Cheers!

nerdy123 · 07-30-2013, 06:06 PM

I would say it depends upon how much he owes you, and how much it still means to you. As you can clearly read above, "Legal" means are slow and costly. Other means can be quick, but potentially just as ineffective. After 7 years, if you actually had a written contract, you could potentially write it off legally as a bad debt and get a tax break- a CPA is cheaper than all these other means.

But if it's so personal that you can't let it go, I would suggest finding the proverbial "Friends in low places" - is easier than you think, probably less hands on than you think, and can be very low cost. I have been that friend before, and am in no way suggesting that I can or would do that- a little past my prime there. I will say, the right person can do as very little as have a very direct conversation to set things straight.

wheels69 · 07-31-2013, 03:37 AM

I guess taking him to court is just a waste ..paper work, legal fees ...lesson learn - people suck

"Fool me once shame on you, fool me twice shame on me"

If I did have friends in low places ...he would be hurting
I have heard that karma caught up to him

would have been nice if I had my money

mayorcastro · 07-31-2013, 10:04 AM

I just DON'T lend out money. I'm not a tight ass or anything, I just want to avoid the potential headache that follows. I gave 8K to my little sis when she needed it in college, and I told her not to pay me back (when she offered) and consider it a gift. Other than that, the only times I've lent out money was small amounts ($200-$300) and always with collateral i.e. a PS3 with controllers and 5 games for a $250 loan.