Friend won't pay me back

[pleasehelpmeout]

Hi again everybody. I hope I am not being a blabbermouth and posting too much but I feel comfortable here.

I have a friend who I loaned $400 to in Manhattan and she won't pay me back. Yes, she is now an ex friend, somebody I knew or thought I knew for 25 years. I think she is just desperate and embarrassed and would pay me back but she has no priorities and thinks I am a free cash machine. She told me she needed the money for rent and was in a bind because she had to deal with a theft, which is true. I saw the police report and knew she had some trouble. She was supposed to pay me back within 2-3 months, she said that she would have enough after a few paydays. You don't really think about written contracts and specific dates with a good friend like this.

So she showed up at a little bar room get together with a brand new LV handbag. I don't care where she got it or what sale because it's not cheap. I didn't say anything this time but she showed up at another girls get together with some new JC shoes. Not cheap either. After the party I asked her about the money and she said it would take time, blablabla, we didn't have a written agreement and that there was no specific date. I told her that we were already at 6 months and she didn't pay it back and I already gave her too much time and she is taking advantage of me. She denied it.

I had enough and want to take her to small claims court. It was really clear she was supposed to pay me back after just a couple of paydays, not whenever and if she wanted. Is she right that I can't win because of not having a contract? This is sad but I am grateful that I didn't lend her more money and am learning with something pretty small I guess.

 

[Disabled Vet]

Without a written contract you can start a paper trail. If you have her email address or cell phone number then email or text her about this loan. Something along the line like this..

Susie,
It's been 6 months since I loaned you the 400.00 dollars. You stated that it would only take you a few paychecks before you could pay me back. I understand times are tough but they are tough for everyone. Could you please let me know when you will be able to pay me back.

If you can get her to reply back then this could be what you need to help your case against her.

I wouldn't bring up the shoes or handbag nor would I talk bad about her to mutual friends as this may cause her not to reply. If she doesn't answer on the 1st message send it a couple times. My brother just told me last night about a cheap ink pen that will record video and voice. If it's legal in your state maybe you could look into recording her during a meeting. Someone will come on that can give you more of the legal advice.

Good luck

 

[army judge]

Small claims will eventually get you a judgment.

But, you'll still be out $400, plus the $100-200 filing and personal service fees.

I'd count this as a lesson learned and avoid this mooching deadbeat.

If you start down the small claims road, you'll only feel more stress, annoyance, and dissatisfaction.

The cure, in this case, is worse than the disease!!!

 

[disagreeable]

Never loan a friend money you expect back, absent a written agreement. BTW, RE the LV. They sell knock offs in Chinatown. Want sweet revenge, next time the "girls" are together, comment on how beautiful the knock off is and ask where you can pick one up for your teenage niece.

 

[pleasehelpmeout]

I just asked and found out that small claims court doesn't cost much. I think that it will end up costing me no more than $30. I also found out that if I don't get the money I can always put a lien on her. That will be enough satisfaction that I can return to a former best friend. Good thing I never called her my BFF. It is sort of funny how sometimes deep down you know that you should question some people. She originally asked me for $800 and I gave her half. Thanks for the advice. Time to use it.

 

[mightymoose]

You may be throwing money away by going to small claims. It will cost you money to sue her, which she would be ordered to pay you if you won, but then that would just be more money she owes that she won't pay.... unless she is just intimidated by the court and thinks she will get in trouble.
That said, simply serving her papers for court might persuade her to pay up too.
She is wrong about needing a written contract.

The amount you are out is rather small. Personally I would avoid court and continue making personal attempts to collect.

 

[pleasehelpmeout]

It's only $15 or 20. That's not a lot. For that kind of money it's worth it just to take a chance and worth it to get even with her by filing a case you can find out about in public records.