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I loaned a friend/co-worker 2K with the promise of payment. No payment

Discussion in 'Small Claims & Municipal Court' started by JayyJ, Jan 6, 2020.

  1. JayyJ

    JayyJ Law Topic Starter New Member

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    Jurisdiction:
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    I stupidly loaned a friend/co-worker 2k in November 2019 with the promise of payment upon our employee profit sharing in December 2019. No payment. We work together and she is now ignoring my phone calls and emails (including work related emails) We have worked together for 8 years, she is a single mom and was supposedly getting evicted with her 2 kids. She has borrowed $ in the past, and paid it back, but never this much. What if anything is my legal recourse? Am I just out 2 grand and a tough lesson learned? Please be kind in your response, I already feel like an idiot.
     
  2. justblue

    justblue Well-Known Member

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    File a small claims case.
     
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  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Yep, small claims court.

    How to file a small claim

    That is for Cleveland. If you aren't in Cleveland a Google search of "Small Claims Court YOUR CITY/COUNTY Ohio" should get you localized info.

    But even if you aren't in Cleveland there is good info that may not be available in a smaller jurisdiction at that site.
     
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  4. zddoodah

    zddoodah Well-Known Member

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    Sue her. Did you really not know that?

    That remains to be seen. Even if you sue and get a judgment, enforcing it could be difficult (although, since you know where she works and live in a state that allows wage garnishment, you've at least got that option).

    By the way, if you're ever inclined to loan money again, make sure you get a signed promissory notes. Forms for that purpose are readily available through myriad online sources. Just make sure you don't charge interest at a usurious rate.
     
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  5. JayyJ

    JayyJ Law Topic Starter New Member

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    Thank you all for the replies.

    Yes, I was somewhat aware of small claims court. Everyone I've discussed this with previously seems to think its not worth the time and additional money to pursue, as the only proof I have is a cashed check. I've been told I would most likely lose so I wanted a legal opinion.

    What are your thoughts on attempting mediation first? We still work together in side by side cubes. Right now I want to smack her in the head with a stapler jk Obviously the friendship is done but I need to somehow also maintain a working relationship.

    I wont be loaning $ to anyone in the future. This is why dumba$$es like me become jaded.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Is "everyone [you've] discussed this with" an attorney? Who told you that you would likely lose? Is someone thinking a copy of the check, together with your testimony, would not be sufficient evidence for you to get a judgment? Unless the defendant shows up and convinces the court this this was a gift and not a loan, I can't really see how you wouldn't win.

    Mediation is only worthwhile if both sides are willing to participate in good faith, and nothing you posted suggests the borrower would do that. Also, unless the courts in your area offer free mediation, you'd have to pay for it, so you'd possibly be throwing good money after bad. Also, mediation usually results in a compromise, and you haven't written anything that would lead me to believe a compromise is something you should consider.

    Well...unless she's going to communicate with you about this, you don't really have options other than walking away or suing.
     
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  7. JayyJ

    JayyJ Law Topic Starter New Member

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    Thank you for your time
     

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