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.
No, the police will not do anything about your claim that somebody owes you money. To get the police involved you would first have to prove your claim in court and then get a court order to retrieve some property; in that case the sheriff could come and help you enforce the order of the court.
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.
You can consult a lawyer and file a lawsuit in a small claims court, or consider alternative dispute resolution methods such as mediation or arbitration. Consider debt collection agencies: If the individual still refuses to pay, you can consider hiring a debt collection agency to recover the money on your behalf.
Even if the debtor doesn't answer you, you should ask them multiple times for the exact dollar amount they owe. It is a good idea to tell them you will pursue legal action as a next step. You can also consider professional collection agency services that work to retrieve personal loans.
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.
You can say you don't have it, or a simple no will suffice. If she pushes you and wants to know why, tell her the truth -- she never pays you back, and you can no longer be her bank.
It's possible to serve jail time if you've failed to pay your federal taxes or make child support payments. You can't go to jail merely for owing credit card, student loan, personal loan or other types of debt, which we'll explain below.
The California statute of limitations for filing a judgment is ten years. If the debtor cannot pay or complete payment within this time, you must renew the judgment. The judgment must continue to be renewed to ensure the debtor pays the full amount.
It is a civil matter, not criminal, so the police are not going to get involved. You have to sue and go after her and get a judgment. If she does not pay, you can then enforce it and go after money or assets.
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.
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.
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.
You could sue them for wrongfully holding your money. However, you first need to find out why they are holding the money. In certain circumstances the bank can hold the money for a variety of reasons. For example, fraud protection etc.
More frequently than most consumers probably realize. While precise statistics are difficult to come by, legal experts estimate that several million debt collection lawsuits get filed across the United States every single year.
If someone owes you money, you can make a claim asking them to repay the money to you, or sending a letter of demand. Before you start a claim against them, you'll need to find out the correct address, name, or legal entity of the other party. If you can't resolve your dispute, you may end up in court.
Be direct if your friend is not getting the hint.
If the gentle reminder doesn't produce an apology and offer of repayment, address the issue head-on. Phrasing your request for repayment as a question can soften the blow. Try saying something like, “Do you know when you'll be able to pay me back?”
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.
The Average Cost of a Lawsuit
On average, a lawsuit costs approximately $10,000 for a simple suit. However, numerous factors can influence the cost of your lawsuit.
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.