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    ourlittlefellas's Avatar
    ourlittlefellas Posts: 22, Reputation: 2
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    #1

    Jul 5, 2009, 01:31 AM
    Loaned Money To A Friend And He Skipped Out Can We Sue?
    Hello!

    I hope someone can help me. Four months ago we took a friend into our home who had been evicted from his apartment (after his roommate took his rent money and didn't pay the rent). We fed him, housed him (never charged him a dime) and loaned him $1200 he said he needed for college supplies, clothing, a deposit for his apartment etc. We made the loan based on his promise that he would pay us back from a college grant he was supposed to receive in May. He never got the grant. We found out later it was because he didn't go to classes though he led us to believe he had. Also the whole time he has lived in our house he promised he was in the process of getting into an apartment and strung us along that it was ready to go for move in July 1st. June 30th he took off and we have not seen or heard from him since. We contacted the apartment and they said he had not moved in because he had never paid the deposit. We took this man into our home and into our hearts trying to heolp him get back on his feet and the whole time he was lyeing to us and scamming us. We feel totally violated. Before he took off he did sign a notorized agreement to pay the money back. Also he doesn't have a job (since he was in school) but he does collect GAU (I believe it comes from DSHS)which is 329.00 a month plus food stamps of 200.00. Does anyone know if I have a leg to stand on in getting this money back? If I take him to small claims court can his GAU be garnished? Also should I file a report to DSHS warning them about him and what he has done to us and could be doing to others? Please please someone advise me. He is liar, a thief and lower then a snake. We did this to help him but it was a loan not a gift and the signed contract proves that. We are on a fixed income and have children with autism so we just cannot afford to lose this money. Thank you so much!

    ourlittlefellas
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 5, 2009, 05:16 AM

    Please remember that acronyms are not universal. We may have no idea what GAU or DSHS is (I certainly don't) so how are we going to know whether it might be subject to garnishment.

    But the answer to your main question is you certainly can sue him. You were smart to get him to sign an agreement to repay because that makes your suit a slam dunk.

    But the bigger problem is going to be getting him to pay. This guy sounds like a bum and the odds of you getting this money back quickly are small. But a judgement will last 7-10 years and will be renewable for at least one other term.

    So, this guy may, at some point, get his act together and get a job and you can punce then.
    ourlittlefellas's Avatar
    ourlittlefellas Posts: 22, Reputation: 2
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    #3

    Jul 5, 2009, 08:42 AM
    Thanks Scott! DSHS and GAU are welfare. He has pretty much been homeless for a while and when he moved here from Arizona he managed to sign up with a place called Compass Health. They are like.. I don't know.. it's a facility who has him see a shrink and they determine that he has depression or whatever that qualifies him for government assistance. He goes there all the time and has a caseworker who is supposed to counsel him. They give him a medication for his depression and as long as he stays on it he can collect a welfare check plus food stamps which total about 500 a month. I don't think I can get any of that garnished though. BUT if I can prove that he is a con artist and a scammer maybe I can get the state to drop him due to what he has done. It is appalling how he took our charity and robbed us and took off. I have had people lie to me in the past but never like this and never have I been scammed in such an elaborate scheme. He is a snake and I cannot understand how he can be out there living with himself knowing what he has done. Also I found out is an alcoholic so it shouldn't surprise me that he is a liar. He has literally come into our lives and robbed and violated us in every way, when all we tried to do was help him and get him back on his feet. I am just concerned that the state of Washington is going to protect him because he is homeless (well he may have a home I am not sure where he is) and on welfare. But if I do take him to court and I am going to to that.. I have no address for him other then this place called Compass Health. All of his mail is sent there and that is where he goes constantly. I wonder if I can have the papers served to him there? Also if he doesn't show up to court what happens to him? I had heard that there can be a warrant for his arrest. Any advice would be so greatly appreciated.. THANK YOU!

    ourlittlefellas
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 5, 2009, 10:13 AM

    He can be served wherever your process server can find him UNLESS the facility has some sort of ID protection for its clients - many facilities will not admit that they ever heard the person's name, let alone that the person is there.

    A warrant is not issued for someone's arrest if they don't appear in a civil matter - a Judgment would be granted to you.

    The easy part may very well be getting the Judgment. The hard part will be collecting on it.
    ourlittlefellas's Avatar
    ourlittlefellas Posts: 22, Reputation: 2
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    #5

    Jul 5, 2009, 01:20 PM

    Thanks for the info Judy. So basically I am out of luck. This scammer can do this and he walks scott free. He can continue to live his life the way he has, and most likely do this to others? Is there no way to stop him? He is thief. I cannot believe Compass Health or anyone else would be willing to protect this con. There has to be something I can do, if not to get y money back at least to prevent him from doing this to anyone else. He shouldn't even be getting ANY state help! It makes me so mad that my taxes are going to support this leach while he is out there scamming. Please any advice would be very appreciated!

    ourlittlefellas
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jul 5, 2009, 03:24 PM

    Unfortunately the legal system does not dictate how people should behave morally.

    I wish I had some good advice for you - but I don't. I think - and I'm sorry about it - that you've been taken by someone who is very good at taking people. You probably never had a chance.

    Would I get a Judgment against him? Yes. Can you collect on it? I'm not sure.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 5, 2009, 03:38 PM
    Quote Originally Posted by ourlittlefellas View Post
    Thanks for the info Judy. So basically I am out of luck. This scammer can do this and he walks scott free. He can continue to live his life the way he has, and most likely do this to others? Is there no way to stop him? He is thief. I cannot believe Compass Health or anyone else would be willing to protect this con. There has to be something I can do, if not to get y money back at least to prevent him from doing this to anyone else. He shouldn't even be getting ANY state help!! It makes me so mad that my taxes are going to support this leach while he is out there scamming. Please any advice would be very appreciated!

    ourlittlefellas
    First, the term is scot free (only one t)! I am not free, I'm rather expensive ;)

    Second, I do agree that you will not be able to garnish welfare payments. I would still get a judgement against him. It won't cost you much. And someday you may be able to collect.
    ourlittlefellas's Avatar
    ourlittlefellas Posts: 22, Reputation: 2
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    #8

    Jul 5, 2009, 05:51 PM
    Thanks Scott (I didn't know that about the T). Yeah... well I think there is a snowballs chance is hell he will ever get a job down the road to where I could garnish his paycheck. I found out he owes back child support in Arizona.. PLUS since he has been staying with us he got a bill from that college for $785.00 and he got a ticket for drinking in a public place, that was I think 100.00. Oh yeah and he never paid a Comcast bill he owes from his last place of residency. What makes me really mad is that he applied for social security insurance and if he gets it they back pay him from the date he applied so he could easily get about 7000 plus and no one can touch that money. So yes he is walking around out there scamming and lyeing and basically stealing from people and he cannot be touched. It is appalling.

    ourlittlefellas
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Jul 5, 2009, 06:12 PM

    Well most judgements are good from 7 to 10 years and normally can be renewed for another term.

    So for 14 to 20 years if he ever gets a job you may be able to get the money from him
    ourlittlefellas's Avatar
    ourlittlefellas Posts: 22, Reputation: 2
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    #10

    Jul 5, 2009, 06:47 PM

    That is good too know Chuck.. and I like your title and your little animated box. But honestly this guy is as big a loser as they come. He was in prison for 20 years for armed robbery and has been homelss and on the streets for like the past ten. That is why we took him in to help him. We are christians and we really felt that is what God wanted us too do. And he really was trying to get his life on track by going to college and for a while last Christmas worked as a bell ringer. But since he came here he seemed to be less motivated and didn't want to do anything but sleep all day. Yes we knew he was an alcoholic though he never drank in our house and we wouldn't let him come here if he had been drinking.. we drew that hard line. If he had not gotten that first loan from the college back in the winter we wouldn't have loaned him that money.. but he did get that check (though he spent it all for his previouse apartment) so we thought he was getting another since that is what he told us. I should have checked that out with that college before I loaned him that money so yes that is my fault. But bottom line he still took that money from us knowing he wasen't going to pay it back and lied too us.

    ourlittlefellas
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jul 5, 2009, 06:51 PM

    Again, you posted this in the legal forum. The laws do not regulate morality.

    The best legal advice is to pursue the Judgment and hope that sometime/someplace this person will have assets you can lien.

    That is your only legal option - whether he is a scammer, whether he lied, none of that really matters on the legal boards.

    Unfortunately.
    ourlittlefellas's Avatar
    ourlittlefellas Posts: 22, Reputation: 2
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    #12

    Jul 5, 2009, 08:44 PM

    Oh sorry I didn't realize I had done that.
    passmeby's Avatar
    passmeby Posts: 473, Reputation: 11
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    #13

    Jul 6, 2009, 02:28 AM

    One thing you mentioned in your post is that he promised to pay you back "when he gets his college grant"... well, that could be your downfall. The judge can very well say, he hasn't got the college grant yet, so he doesn't owe you anything until he does. He has technically NOT defaulted on his agreement.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Jul 6, 2009, 02:30 AM
    Quote Originally Posted by passmeby View Post
    One thing you mentioned in your post is that he promised to pay you back "when he gets his college grant"......well, that could be your downfall. The judge can very well say, he hasn't got the college grant yet, so he doesn't owe you anything untill he does. He has technically NOT defaulted on his agreement.
    That would depend on whether that was written into the agreement. My impression was that was a verbal agreement made when the money was borrowed and that the written agreement is just a promise to pay.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #15

    Jul 6, 2009, 06:12 AM
    Quote Originally Posted by passmeby View Post
    One thing you mentioned in your post is that he promised to pay you back "when he gets his college grant"......well, that could be your downfall. The judge can very well say, he hasn't got the college grant yet, so he doesn't owe you anything untill he does. He has technically NOT defaulted on his agreement.

    I'll parrot what Scott said - what does the written agreement say?
    ourlittlefellas's Avatar
    ourlittlefellas Posts: 22, Reputation: 2
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    #16

    Jul 6, 2009, 08:55 AM

    Thanks Passmeby. When we loaned him the money he said he would pay us back from a grant he was getting getting through the college. He had received this grant back in the fall quarter. He used that money to pay his rent but his roommate took it and didn't pay the rent so he was evicted and that was when we took him in. That is what makes this so criminal. The deal is the college gives him the grant if he make the grades but it turns out we found out he didn't make the grades because he didn't show up! Doesn't matter though he agreed to pay us back. So we set up a payment plan where he would pay 100.00 a month from his 329.00 welfare check since that is his only income. The agreement states that he understands he borrowed this amount and he understands he has to make these payments, he even initialed all payments, signed it and I signed and it was notorized. For heaven sake he had no other financial obligations, we housed and fed him free of charge!! He can try to setup all the loop holes he wants to squrim through.. but the bottom line is he acknowledged in writing that he took this money and intended to pay it back. Grant or no grant he still has that obligation. No loan institution has it in their paperwork that the loanee only has to pay it if they can afford to. It says this amount has to be paid back or you default and lose your car or house or whatever it is you borrowed money for. This man knew all along he wasen't going to pay us back, just like most conmen do. Did we have to loan him that money? No. But when you loan someone money based on their word you should know you just gave it away. If you loan them money based on a written legal agreement signed sealed and delivered then it is not a gift it is a loan that was agreed by both parties to be paid back. Not paid back if the loanee feels like it!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #17

    Jul 6, 2009, 09:42 AM

    Please - I understand your outrage. I have said that - but this is a legal board, not a discussion board. Your legal question has been asked and answered. I see nothing being added that changes the legal advice you have received.

    Any further discussion of the moral issues of borrowing and not paying back should be moved to a discussion thread.
    ourlittlefellas's Avatar
    ourlittlefellas Posts: 22, Reputation: 2
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    #18

    Jul 6, 2009, 10:37 AM
    Thanks Passmeby. When we loaned him the money he said he would pay us back from a grant he was getting getting through the college. He had received this grant back in the fall quarter. He used that money to pay his rent but his roommate took it and didn't pay the rent so he was evicted and that was when we took him in. That is what makes this so criminal. The deal is the college gives him the grant if he make the grades but it turns out we found out he didn't make the grades because he didn't show up! Doesn't matter though he agreed to pay us back. So we set up a payment plan where he would pay 100.00 a month from his 329.00 welfare check since that is his only income. The agreement states that he understands he borrowed this amount and he understands he has to make these payments, he even initialed all payments, signed it and I signed and it was notorized. For heaven sake he had no other financial obligations, we housed and fed him free of charge!! He can try to setup all the loop holes he wants to squrim through.. but the bottom line is he acknowledged in writing that he took this money and intended to pay it back. Grant or no grant he still has that obligation. No loan institution has it in their paperwork that the loanee only has to pay it if they can afford to. It says this amount has to be paid back or you default and lose your car or house or whatever it is you borrowed money for. This man knew all along he wasen't going to pay us back, just like most conmen do. Did we have to loan him that money? No. But when you loan someone money based on their word you should know you just gave it away. If you loan them money based on a written legal agreement signed sealed and delivered then it is not a gift it is a loan that was agreed by both parties to be paid back. Not paid back if the loanee feels like it!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #19

    Jul 6, 2009, 11:10 AM

    Do not PM me - if you can't post it on the Board, don't post it. Also, please read: https://www.askmehelpdesk.com/small-...-370375-5.html for a policy statement.

    Last post.

    Please do not attempt to control who can/should answer your questions - if you have anything to contribute to that suggested policy, post it here: https://www.askmehelpdesk.com/feedba...cy-372284.html.

    This thread should be closed - it's a discussion, not advice - nothing that changes the situation has been offered.

    The law does not regulate morality.

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