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me in ohio · Nov 19, 2007, 09:10 AM

I let someone use my credit card to pay court fines. I could never get him to sign an IOU. He did verbally tell me he would pay me back (of coarse) . It is obvious it was used for his purpose. The court fines are in his name. He has not paid on the loan. He has since said that he would say it was a "gift".
Would a judge see it my way?

Dr D · Nov 19, 2007, 09:18 AM

Sue him in small claims court. If you get a common sense judge, I believe that you will win. Be sure to bring any supporting documentation to court. Good luck.

me in ohio · Nov 19, 2007, 11:33 AM

Originally Posted by Dr D

Go ahead and sue him in small claims court. If you get a common sense judge, I believe that you will win. Be sure to bring any supporting documentation to court. Good luck.

I have the receipt of the credit card transaction and the card statement- what else could I use?
I also have a text message I forwarded to my email so I could print of him refusing to sign the promissory note I wrote up, and him saying he would say it was a "gift". Anything from his court file I should make copes of?

ScottGem · Nov 19, 2007, 11:42 AM

Sounds like you have enough evidence to win. Of course even if you do win how are you going to collect? Do you know where he banks or works?

me in ohio · Nov 19, 2007, 11:50 AM

Originally Posted by ScottGem

sounds like you have enough evidence to win. of course even if you do win how are you going to collect? do you know where he banks or works?

I know where he works. Can I ask the court to garnish wages?

ScottGem · Nov 19, 2007, 11:53 AM

If you are awarded the judgement and he still refuses to pay, then go back to the court and ask for a garnishment order. You will need to provide the name and address of his workplace.

me in ohio · Nov 19, 2007, 12:00 PM

Originally Posted by ScottGem

if you are awarded the judgement and he still refuses to pay, then go back to the court and ask for a garnishment order. You will need to provide the name and address of his workplace.

How much time does he get to pay me back? Does the court give a deadline? How long until I am aloud to request garnishment?

excon · Nov 19, 2007, 12:47 PM

Originally Posted by me in ohio

how long until i am aloud to request garnishment?

Hello me:

You don't have to give him time to pay at all. You can go directly from judgment to garnishment. You may need to file a writ of execution once you get the judgment. Ask the clerk.

excon

ScottGem · Nov 19, 2007, 01:17 PM

If he walks out of the courtroom without paying you, then you can walk back in the court room and ask for a writ of garnishment. The only thing I would not do is ask for the writ in his presence.

If he is in the process of filing for bankruptcy, he can add the judgement in his list of debts to be discharged.

me in ohio · Nov 19, 2007, 01:17 PM

Originally Posted by excon

Hello me:

You don't have to give him time to pay at all. You can go directly from judgment to garnishment. You may need to file a writ of execution once you get the judgment. Ask the clerk.

excon

He just told me he is filing me under his bankruptcy. Can he do that? Can I take him to court for the amount for personal damages or something like that?

me in ohio · Nov 19, 2007, 01:20 PM

Originally Posted by ScottGem

If he walks out of the courtroom without paying you, then you can walk back in the court room and ask for a writ of garnishment. The only thing I would not do is ask for the writ in his presence.

If he is in the process of filing for bankruptcy, he can add the judgement in his list of debts to be discharged.

If he puts it under his bankruptcy then I get nothing?

ScottGem · Nov 19, 2007, 01:22 PM

Originally Posted by me in ohio

if he puts it under his bankruptcy then i get nothing?

Probably! So I would strongly suggest that you do walk back into the court after he has left and ask for the writ then have it served (you will probably need to pay a sheriff or process server to serve it) on his employer ASAP.

JudyKayTee · Nov 20, 2007, 07:14 AM

Originally Posted by me in ohio

if he puts it under his bankruptcy then i get nothing?

If he lists you on his Bankruptcy Petition you will receive a notice from Bankruptcy Court; if he does file and is adjudicated bankrupt, yes, you will get nothing and all of his debts will be "written off." You will receive a notice when the Bankruptcy is finished.

That being said - lots and lots of people use the "I am going to file Bankruptcy" card and never file so I would pursue him despite what he says. Bankruptcy Laws have gotten tougher.

Sounds like you have a good case but you can never be 100% sure what the Judge will decide.

I believe you also asked about mental anguish or the like - in NYS (I cannot address other States) you cannot collect punitive damages on a debt.