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    cborfinger's Avatar
    cborfinger Posts: 4, Reputation: 1
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    #1

    Apr 19, 2010, 07:38 AM
    Small claims inquiry sue friend
    :confused::confused::confused:

    I lent money to my friend to pay for some bills because collectors would not stop and he lost his job. the money was around $2800. we didnt figure out when to make payment or anything since he didn't have money at the time and was a verbal agreement. he started to hang with a new crowd and we stopped talking much. I told him I wanted the loan repaid and wanted immediate payment. He didn't have the money but said he can give me his old computer and some other personal belongings. I took his items sicne it was better than nothing right and we finally got a notary receipt saying there was loan and he repaid me the loan with his belongings.

    but it isnt the same amount of money I lent and there was no calculation of worth of items. maybe all the items didn't equal even half what I lent. I also don't like the computer anymore because I want to get a new one. i think the reciept is void because i say that loan paid in full and I accept but it isn't with these items so it's a lie. I want to sue him for it and can I have good chance to win? also some the belongings are gone now. He also did loan me some money but can he countersue me for it, around $800?:(
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Apr 19, 2010, 07:47 AM

    Let's see - you loaned your friend $2800, and he loaned you $800, so the net is $2000 that he originally owed you, right? Then he paid you with items such as a computer, which you accepted as payment in full. I don't understand what you mean by a "notary receipt" - did you sign a document in front of a notary public that indicates the loan was paid in full? If so, you're done - the loan has been repaid and end of story. The fact that you don't like the computer any more is irrelevant - if indeed you accepted it as payment. On the other hand - if the document says your friend would repay with certain items and he didn't deliver those items, then you have a case.
    cborfinger's Avatar
    cborfinger Posts: 4, Reputation: 1
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    #3

    Apr 19, 2010, 08:02 AM
    Quote Originally Posted by ebaines View Post
    I don't understand what you mean by a "notary receipt" - did you sign a document in front of a notary public that indicates the loan was paid in full? If so, you're done - the loan has been repaid and end of story.
    we sign a document that stated he paid the loan to me in full with the items and I accept items as payment for loan and he did give me all the items but I'm saying the items value is NOT what the loan amounts to. The computer is old and the items all don't equal the loan.
    the document says "the loan is paid in full with items" but it's not. So he still owes me the money right? And for computer, I just mean it's not good so I have to buy one anyway and spend more money:mad: he basically give me nothing
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Apr 19, 2010, 08:13 AM

    Why did you sign a document that says you agree that the loan is paid in full, if you don't believe the value of the items are equal to the loan amount? I think the fact that you signed this document puts an end to it - even though some time later you changed your mind about it. I don't see how you can sue someone for non-payment when in fact you signed an agreement that says the loan has been paid in full.
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    cborfinger Posts: 4, Reputation: 1
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    #5

    Apr 19, 2010, 08:29 AM

    I sign it because he didn't have the money and I wanted something for all the money I give. I think he may have money now so it's different because he works part--time. It's not that I change my mind, I want to have justice because he gave me items not worth the loan to me so I am ripped off. I want to go to court and show the judge he give me nothing when I sacrifice all the money for him. How can he not owe me and get away with giving so little?

    It is a non-payment because the loan is not paid in full like the receipt says because all his belongings are not worth the loan. I am saying this receipt is not true.

    It is like if I buy a shirt online for $50 but it is typo and the shirt was really costing $200. The store can refuse to sell to me even though I purchase the item. I want to refuse what he give me because it's wrong amount see?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #6

    Apr 19, 2010, 08:48 AM
    Quote Originally Posted by cborfinger View Post
    I sign it because he didn't have the money and I wanted something for all the money I give. i think he may have money now so it's different because he works part--time.
    It doesn't matter how much he's making now - you previously agreed that the loan was paid in full.

    Quote Originally Posted by cborfinger View Post
    How can he not owe me and get away with giving so little?
    Because you agreed to it - in writing.

    Quote Originally Posted by cborfinger View Post
    It is a non-payment because the loan is not paid in full like the receipt says because all his belongings are not worth the loan. I am saying this receipt is not true.
    So why did you agree to it? That was your big mistake here - you should not have signed a document that says you agree that the items you received serve to pay off the loan.

    Quote Originally Posted by cborfinger View Post
    it is like if I buy a shirt online for $50 but it is typo and the shirt was really costing $200. the store can refuse to sell to me even though I purchase the item. I want to refuse what he give me because it's wrong amount see?
    Poor analogy. It would be more like this: the store sells you the shirt for $50, you pay them the $50, they send it to you, along with a receipt that says the shirt is paid in full. Then some time later they change their mind and want to bill you an extra $150 for the shirt - can they? Of course not - the transacation is closed.
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    cborfinger Posts: 4, Reputation: 1
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    #7

    Apr 19, 2010, 09:10 AM
    Quote Originally Posted by ebaines View Post
    So why did you agree to it? That was your big mistake here - you should not have signed a document that says you agree that the items you received serve to pay off the loan.
    I agree to it yes because I felt unsure I would ever receive payment, but my point that all the items don't equal loan amount is meaningless? I agreed that the VALUE of items equal the loan and they don't. Can you please clarify on this because it is what really confuses me sorry. Because I do understand that I signed it, but the document writing was false. :confused: The document also says I agree I am fully satisfied but I'm not because the value is wrong

    Can't he be blamed by the judge if I present evidence I loan him over 2k and he give me things like used coffee maker:mad: I have never been to a court, but I think the judge would see I loan all this money, get so little, and believe I am still owed. Kind of a "your friend loaned you money when you need it and you never really repaid so you should do the right thing and repay this loan bam judgement"

    Thanks for all your help:)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Apr 19, 2010, 09:16 AM

    You said it was paid in full. It doesn't matter if it was or wasn't.

    You agreed that it was.

    - And I think you are VERY wrong about what the Judge will see/do/say.

    Next time don't sign that something is paid in full if you intend to change your mind at some later time.

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