I loaned a friend for $500 having an verbal agreement that she will return the money in few weeks. I helped her as she had won a lawsuit against her lanlord of $4000. Now after 3months, she is not responding my emails, disconnecting my phones. Scaring me that she will make harrasement charges against me if I email or call her. (Wonder how asking the money is harrasement). I have proof of my check. Can I go to small claims(I live in MA, usa), will the signed check serve as proof. I am worried I may lose bcos its just verbal agreement and nothing is written in check as loan. Can she claim the money as gift? She never replied anything about money. Always she says donot disturb me. Should I wait for money(but I doubt such an arrogant and heartless people will return the money) or take her to small claims. I am also worried if clerk favours her then I may lose the enitre money. CAn the emails and voicemails act as proof in small claims court?


I donot know her home address, I know only her phone number and vehicle number? Is it going to be a problem for me? Can court help me to locate her address? I highly appreciate any kind of responses.

Thanks

Doesn't seem like a friend to me. Your cost was 500 to find out. It could've been more, consider yourself lucky. I would let it go & move on.

You can sue in small clains court, you do have proof you paid them the money. Next is the problem, it will be your word against them. So yes they may come in and say anything or everything,

It will all be up to the judge to decide who to believe.

Getting them served will be the harder thing.

Call Judge Judy and make her repay the money, and no, asking for your money back is not harassment

You have already lost the money and small claims doesn't cost much (filing fees, etc) so it may be worth it as your only shot. I believe you are going to have to provide an address for her but its possible to look it up in a reverse directory where the phone number is used to find an address. My local library has a reverse directory, so maybe yours does too? If not, ask the clerk of the court for some guidance on that when you pick up the papers to fill out.

At court, have the cancelled check and notes you made of what occurred chronologically. Be very short, business-like and factual in your answers to the court. You'd be surprised how they rule.

And next time you'll get it in writing, so if the court rules against you, at least you have the lesson learned, albeit an expensive one.

File the compliant in small claims court.

State only the facts to the loan made verbally.


Example
1. I loan ---name---$500 with the understanding that --name--- would repay in xxx amount of days.

2. --name--- has not paid the loan has agreed to.

3. ---name--- has not return telephone calls or email.


Stated only facts about the loan, let them try to dispute your claim with fact if they have any. The court will listen and will rule by whom present the best evidence.

Good luck

Hi,
You have some good answers.
But, your chances are probably "slim" and "none" in court.
It's worth a try, though. It all comes down to "your word" against "her word".
I am sure you know by now to never loan money to anyone, without a written document of some sort, with how much, and by when it's to be paid, with both signatures on it, notorized if possible. I do wish you the best, and good luck.

I actually think your chances are very good because her harassment claim is about you bugging her for your money, which is not illegal as it is an attempt to collect a debt. And also if you can document these attempts then it leads credence your argument that this was a loan!

I thank you everyone for responding. I am planning to take this matter to small claims. As I said, I don't know the defendant address. I called small claims clerk, but she said without knowing defendant address you cannot do anything. Just wondering how can I know her address.

Thanks
Beth

Have you tried this

Hope it helps.

I googled myself and found publicrecord.com -cost money but it was scary that every place I ever lived was there.

I use white pages all the time. It works great... as long as its not a cell phone. But this is the actual link that you want

http://www.whitepages.com/10001/reverse_phone

If nothing else, post all the info you know about her here and give us a chance to find her for you ;)

And privacy shmivacy... if she didn't want this to happen, she shouldn't have tried to cheat you out of that money :cool:

[QUOTE=bethoven;136994]I thank you everyone for responding. I am planning to take this matter to small claims. As I said, I don't know the defendant address. I called small claims clerk, but she said without knowing defendant address you cannot do anything. Just wondering how can I know her address.

Thanks
Beth[/QUOTE

Beth you can search her car tag number at the local Department of Motor Vehicles for an address. This is perfectly legal as it's considered public information. You may have to pay a 5.00 fee and show a drivers license, it would be well worth the information you need.

Also if you have his/her local phone number check out White Pages, Yellow Pages, Maps and Directions on AnyWho and type in the number where it says reverse lookup.
But first look for her name in the local phone book directory. Most of the time the address is right at your finger tips.
If she moves? Send a certified letter to the old address. The Post office will forward it to the new address. You will get your certified copy card back in the mail with the new address. Presto!!

I hope this helps. Good luck!

[QUOTE=Darryl Spencer;1293887]

Quote:

---

Originally Posted by bethoven

I thank you everyone for responding. I am planning to take this matter to small claims. As i said, i don't know the defendant address. I called small claims clerk, but she said without knowing defendant address you cannot do anything. Just wondering how can i know her address.

Thanks
Beth[/QUOTE

Beth you can search her car tag number at the local Department of Motor Vehicles for an address. This is perfectly legal as it's considered public information. You may have to pay a 5.00 fee and show a drivers license, it would be well worth the information you need.

Also if you have his/her local phone number check out White Pages, Yellow Pages, Maps and Directions on AnyWho and type in the number where it says reverse lookup.
But first look for her name in the local phone book directory. Most of the time the address is right at your finger tips.
If she moves? Send a certified letter to the old address. The Post office will forward it to the new address. You will get your certified copy card back in the mail with the new address. Presto!!!

I hope this helps. Good luck!

---

You have answered a post from July 2006 - over 2 years ago. This thread should be closed.