You can sue to recover the money. However, failure to keep a promise is generally not fraud. You would have to prove that the obtaining of the loan was a scam.
You can sue them by going to court and filling out the complaint document. You will then file it and serve it on this person. The judge will then hold a hearing and make them return your item and possibly award damages.
Even if they've had it a long time, just assume they have intended to return it, and say, "I'd like to get my copy of X-Men back when we meet next." With that direct approach, embarrassment or common courtesy will likely cause them to return your item.
Specific Intent
In order to prove that an individual committed a crime, the prosecution must demonstrate the accused intended to commit it. Therefore, to be convicted of the crime of theft, it must be shown that the accused took something with the intent of never returning it.
From a legal perspective, in order to be accused of stealing, or a theft crime, you would need to have had the intent never to return the item to its rightful owner.
If you can't resolve the loan dispute on your own, consider legal action. Unfortunately, that's not a reality for everyone. When clear, consistent payment reminders and communication don't work, lenders may consider legal action to collect an unpaid loan. Seek legal advice before proceeding with any legal action.
Yes, it is. It is legal to lend money, and when you do, the debt becomes the borrower's legal obligation to repay. For smaller loans, you can take legal action against your borrower if they do not pay by taking them to small claims court.
Many police stations provide civil standby services, where a police officer will accompany you to collect your belongings and help keep the peace. This can provide an extra level of physical safety, as well as ensure there is a witness to any disputes that may take place.
If you have a problem with someone who has borrowed your property and has not given it back, keep a record of all the occasions you have asked for it and then ask a solicitor to send a formal letter asking for the return of the property.
File a Civil Lawsuit
As your case is a civil matter, you need to file a lawsuit in a small claims court demanding the return of your personal property. You must pay the required fees and conform with the requirements before you file your case. This will likely be a tort claim for restitution or a claim for conversion.
Can I call the police if someone owes me money? You can, but they won't do anything about it. Debt collection is a civil matter. You'd need to sue in small claims court.
Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.
Hourly basis: A lawyer who works with you on an hourly basis will charge you for each hour of the time they give you. Hourly rates will vary depending on the layer and your case but can range anywhere from $199 to $295 per hour.
Yes, you can sue someone who owes you money. When someone keeps "forgetting" to pay you or flat out refuses to pay up, the situation can quickly become frustrating. You can take the issue to small claims court and pursue legal action if it falls between the minimum and maximum money thresholds under court rules.
Send a Demand Letter
A demand letter often signals to the debtor that you are serious about pursuing the matter legally. "Discover your rights and legal steps for recovering unpaid debts. Explore further in our detailed blog: Money Not Returned Take charge of your financial situation now!"
A long time ago, it was legal for people to go to jail over unpaid debts. Fortunately, debtors' prisons were outlawed by Congress in 1833. As a result, you can't go to jail for owing unpaid debts anymore.
In cases involving unlawful disposal of possessions, individuals who believe their belongings were wrongfully discarded may choose to pursue both criminal charges and a civil lawsuit against those responsible.
Replevin is a legal process used to return specific items to the rightful owner. A judge can decide who the rightful owner is, and then issue an order (sometimes called a writ of replevin) that allows the sheriff to go to the place where the items are and take the items.
Apply to the court
If you and your ex can't reach an agreement, you can ask a judge to allow you to retrieve your household items and personal belongings. Depending on your situation, the options available and the time it will take can vary.
Legally speaking, in order to be found guilty of theft, you must have had the specific intention to never return what you borrowed to the owner when you initially borrowed the item in question. If you simply forgot to return the item you borrowed, you do not meet the criteria for specific intent.
Irresponsible lending and affordability checks. Giving a loan to someone who cannot pay it back is called "irresponsible lending". You can make a complaint against lenders for doing it. This is why they run affordability checks before lending to you.
Deadbeat specifically means someone who doesn't pay back money borrowed, or debts owed, ever. A deadbeat borrows, and betrays trust of family and friends.