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  1. #1

    Default "Friend" Owes Me Money

    My question involves personal finance in the State of: California


    A friend owes me a lot of money and he is not going to pay me back so I want to get it back through legal means. Currently I have a note from him as well as text messages, phone recordings and video recordings of him admitting to what he owes. Is it possible he could claim that I FORCED him to sign it? That I manipulated the sound recording some how or threatened him? I want to get him to sign other notes but I didn't know exactly what information and details that I need to jot down in order for it to be valid in court if I ever have to go there. I'm worried that my notes are incomplete and do not contain enough information to go through in court.

    The money was lent to him for many different things, rent, food, clothing, other debts he needed to pay. For a while I was paying for all his food, equipment, everything pretty much. It was done in small increments in different types of payments such as cash and credit. He really needed help, threatened suicide on many occasions and pretty much just freeloaded off of me as I attempted to help him get back on his feet.

    I have witnesses that can testify that he owes me that amount of money as well as a written note by him and a text message and phone voice recording of his admitting that he owes me over 11K. I want to make sure that I get my money back 100% and am afraid that I need more evidence so I want a more detailed note than the one I have now.

    Right now I currently have a video recording of him signing a note that states exactly this...

    I, ____, born on ____ with social security number _______ currently owe ______ 11,327 US dollars from accumulated costs that have been accrued since April 2012 and I am promising to pay this amount back by April 2013 in small or large increments with proof of reimbursement by receipts received by both party members. If I do not pay this amount back by April 2013, I approve of wage garnishment or other miscellaneous legal methods that may be enforced upon me by the state of law in order for ______ to have his funds returned appropriately.

    Signed by borrower ________
    Signed by lender ________
    Witness Signature #1 __________
    Witness Signature #2 ________
    Witness Signature #3 _________

    I have the actual note of his signature. I am afraid that he is going to claim forgery so I made sure to also have a video recording of him signing the note and reciting on recording the note verbatim.
    I also have text messages as well as voice recordings from myself and other friends of him casually and informally engaging in conversation with them, acknowledging that he owes me these amounts.
    For example, text messages and conversations such as....
    Friend: So how much do you really owe _____?
    Borrower: About 11K

    Friend: You know you still owe ______ 11K, right? How are you going to pay him back?
    Borrower: I know I do but I'm not getting enough hours at work.

    Those are the two conversations and text messages that have been exchanged.
    So in total, I have informal conversations through text and phone recordings of him admitting that he owes me oney. I also have a hard copy of a note that he signed(signature that matches that on his driver's license). Lastly I have a video recording of his actual self, on camera reciting the note and a voice recording of him signing it.

    Is this enough to get him to give me money back? What else can I do to insure that I can legally get him to pay me back.

    The other thing is, I know he makes enough money. He works 40 hours a week. He has enough money to pay me back, he just chooses not to, and he admitted to a mutual friend that he wasn't going to pay me back not because he can't, but because he just doesn't want to.

    Please help me. I am so sick of thinking about this money. I barely make minimum wage and this money was earned by me through long hours of blood, sweat and tears. I just feel so distraught and upset being cheated and used by somebody who I really tried to help. I just want my money back so I can finally get this person out of my life and I can live my life. I made a huge mistake in trying to help somebody and I will never do it again, and I just want to move on.

    Also, if I want to tack on interest, how can I go upon doing so?
    I live in San Diego, California.

  2. #2
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    Default Re: "Friend" Owes Me Money

    First and foremost, it sounds like you were pouring money down a drain - lending money to a deadbeat. Be aware that even if you get a judgment against this person you still have to collect the money. Second, you state that the amount is not due until April, 2013, so it's too early to sue - there has not been a default. (Did you in fact omit a date? It's "April, 2003", not "April 1, 2003"?) It's not a great promissory note, but it looks like it gets the gist across... name of borrower, amount borrowed, due date.

    If you get a judgment, interest will accrue on the judgment. You wrote up a contract that does not call for interest, so I would not expect a court to award any interest for money owed prior to the date the loan becomes due.

  3. #3

    Default Re: "Friend" Owes Me Money

    Quote Quoting Mr. Knowitall
    View Post
    First and foremost, it sounds like you were pouring money down a drain - lending money to a deadbeat. Be aware that even if you get a judgment against this person you still have to collect the money. Second, you state that the amount is not due until April, 2013, so it's too early to sue - there has not been a default. (Did you in fact omit a date? It's "April, 2003", not "April 1, 2003"?) It's not a great promissory note, but it looks like it gets the gist across... name of borrower, amount borrowed, due date.

    If you get a judgment, interest will accrue on the judgment. You wrote up a contract that does not call for interest, so I would not expect a court to award any interest for money owed prior to the date the loan becomes due.
    Thank you kindly for your response. Yes I definitely made the mistake of letting a friend borrow money. I was just trying to help him through a time of need and that's really all. It was a stupid, well intentioned mistake that I will never make again. I know now, and all I want is to get what was once mine.

    The person does have a working job so I know I can collect money from him through wage garnishments. I'm not aware of any other methods though. He works 40 hours a week and has enough money to party, drink and do other activities. He definitely has enough money left over in his paychecks to give me even a bit of money. I don't know of any other way to get money from him though as he does not own a house. He owns a car that is on its last legs.

    I was worried that my promissory note was not good and that I was leaving some severe details that he could use as loopholes in court. I will make sure to add a specific "day" date, for example, April 19th 2013.

    From what I researched, it seems that a small claims court is my best bet but the limit seems to cut off at 7,500USD. Of course that is better than nothing, but if I can get my 11K back I would prefer to do so. Is there anyway I can go after him twice? 7500USD the first round then the remaining left overs in another round?

    I really just want to get through this so I can just get past all of this. Thank you so much again and I await your response.

  4. #4
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    Default Re: "Friend" Owes Me Money

    You get to sue one to enforce a single promissory note. If you sue in small claims court, you waive any claim beyond the jurisdictional limit of the court.

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