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. This may seem harsh, but it's important to understand up front.
What you can do, is send your friend a letter or email and tell him that his debts past due and you want your money. Give him a date you want it from, or you will go to small claims court and file a charge against him. If you do not hear from him, go to the court house, division of small claims and file a complaint.
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.
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.
You can file a conversion suit to reclaim the value of your property when someone else, without your consent, either damages or fails to return it. You can also sue for negligence or other cause of action as it fits your case.
Say, “I'm sorry, but I can't give you a loan.” When the person asks, “Why not?” just repeat your statement. Eventually, your friend or family member will stop asking. OFFER OTHER AID.
Unless the matter also involves violence or an immediate threat there is really not much that the police can do for you if someone owes you money on a loan. More likely, the police will direct you to sue them in court, and depending on the amount you are owed you can file the lawsuit 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.
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.
The police do not care about an agreement to repay a loan. It is not a crime per se, it is a civil tort issue. You have to sue the person to retrieve your money, the police can't help..
The $100,000 Loophole.
If the borrower's net investment income exceeds $1,000, your taxable imputed interest income for the year is limited to the lower of: The borrower's actual net investment income, or. The imputed interest income amount.
The short answer is yes, you may have a claim for someone who broke a promise to you.
Hence, incurring a debt is not a sin. While being in debt is not a sin, Romans 13:8 tells the Christian to avoid being in debt. Sinners borrow from others and never return what they borrowed (Psalm 37:21).
If you truly have no assets and limited income, you might be considered "judgment proof." This means that even if the other party wins the lawsuit, they may not be able to collect any money from you. However, being judgment proof doesn't prevent the lawsuit from proceeding or a judgment from being entered against you.
If you win the case, the court may issue a judgment in your favor for the amount owed. However, collecting the awarded sum can be challenging. Common methods include wage garnishment, where a portion of the defendant's future earnings is directed to you, and liens on property, which can be sold to cover the debt.
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. You may want to get legal advice from an attorney with experience in collections matters. They may be able to help you decide if you have a civil case worth pursuing.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
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.
If the giver of the gift goes to court to sue the recipient for the value of the item or for the return of the item, both parties would present their evidence and then it would be up to the judge to decide who wins.
For all types of financial crime you should contact at least the following agencies: Local police or law enforcement to report the crime and obtain a police report. Your bank(s) to report the crime and explore any possible resources the bank has available.
Free up emergency funds
For example, buying a house with cash might eat up all your savings, leaving you no contingency funds for repairs or other emergencies. Borrowing to refinance high interest debt in exchange for a lower, consolidated rate with more manageable payments can also free up money.