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What's your legal standing when someone has borrowed money from you and they aren't giving it back? |
lent 8 grand to someone and not going to get it back, it's been a few months when it was guaranted to come back two weeks after it was lent. i've tried sorting amically by ringing and giving im extra time to pay but keep being fobbed off and told it'll be back 'tomorrow' and tomorrow never comes. does anyone know what the police can do in this circumstance? legally-Never lend any more than you are willing to give away. depending on where you are (and if you had anything in writing to say that this was anything other than a gift not a loan) try filing in small claims court - see your local courthouse for more information - the police can't do much this is a civil dispute Good Luck If you do not have a written and signed agreement regarding the terms of payback, a judge cannot enforce anything...otherwise, anyone could 'claim' they are owed money. If you have a written agreement, send a letter 1 certified, 1 regular, demanding unless the said amount is not received in 10 days, you will file a complaint in Small Claims Court. If the certified letter comes back unsigned, do not open it because that's the only proof the letter was sent. Also make sure you make a copy of the letter. Send them a letter of demand, did you keep the bank statement with the withdrawl as you will need proof that you lent them the money, the letter of demand should state a reasonable time for the money to be repaid, the date you loaned them the money and any verbal conversations about repayment in the letter, have the letter witnessed by a Justice of the Peace, don't forget to date the letter, and have the letter sent via registered letter or in person so you know they got the letter. You will need to give them at least 14 days to repay the money, then threaten to take the matter to court. This threat is real, because if the money is not repaid you can take the matter to small claims court. Go down to your local court and ask them how you go about it, you can represent yourself, no need for a lawyer. (you may be able to get more info from the court about the letter and steps on how the process goes). Never lend money to any one which in turn affect you financially. Always give as if you have lost it - so if some one asks for 100 i give them 20-30. this is my policy so even if i lose it it will not affect me much. It depends on the type of arrangement you had. If there was no contract between the two of you (which there should have been due to the fact that 8k is nothing to shrug over), then it can be a little sticky. You can ask an attorney (or do this part yourself) to write a demand letter, certified mail so that you have verification they received the letter. Also, keep a copy of the letter you send and the certified receipt. If the person refuses service, keep the envelope, sealed. If you were smart and had the person sign a statement saying they will pay you back, then you can go to court. If it is just your word against their word these is nothing you can do, and this becomes an expensive lesson |
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