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View Full Version : I am being taken to small claims court for 2000?


EKHer
Feb 16, 2011, 04:37 PM
I had borrowed money from a friend and I did say I would pay him back (the 2,000 dollars to be exact) however I lost my job and now I have no income coming in and have no way to pay him back this minute this second he wants to take me to court what should I do?

ballengerb1
Feb 16, 2011, 04:39 PM
Did you two sign any document? When was the loan supposed to be paid back and in what state do you live?

joypulv
Feb 16, 2011, 04:42 PM
Sell your possessions and pay him back, of course.
Whose computer are you on? Who is paying the internet bill?

EKHer
Feb 16, 2011, 04:44 PM
No, no documents only verbal agreement. There was no contract no paperwork nothing. I was supposed to give him $100.00 every month. However when I lost my job it felt like everything went out the door and that point I live in CA and I didn't qualify for unemployment either.

ScottGem
Feb 16, 2011, 04:46 PM
You either pay him back or lose the suit. He may not be able to collect right now, but the judgment should be good for 7-10 years at least.

ballengerb1
Feb 16, 2011, 04:46 PM
How long since you made your last payment on the debt?

EKHer
Feb 16, 2011, 04:52 PM
Well its not a question if I should pay him back of course I want to but Im not going to sell my computer I got it for my birthday 3 yrs ago. I have free internet so that would probably be the least of my worries at this point.

EKHer
Feb 16, 2011, 04:56 PM
I haven't made one payment. Let me put it this way he gave me money on Friday and I was out of a job by Monday morning. I thought about giving him my tax return money however I owe the IRS now to because early last year I did some under the table work and this other guy claimed a 1099 on my and now I have to pay the taxes on the total of balance of what he paid me under the table.But that's another story in itself. I want to know if I'll go to jail or not? Not saying that would change my mind on paying him back but I would like to know.

ScottGem
Feb 16, 2011, 05:00 PM
First, if you have a follow-up question or info please use the Answer options not Comments.

No you won't got to jail. He will get a judgment that he can use to attach assets as soon as you have some.

I would offer to sign a promissory note to prove your intent to pay but explain that you just don't have the money now. That may prevent him from taking you to court.