Ask Experts Questions for FREE Help !
Ask
    Alfama's Avatar
    Alfama Posts: 47, Reputation: 3
    Junior Member
     
    #1

    Jan 7, 2016, 07:02 AM
    How can I get a loan back from a friend who won't return it
    I lent the friend a large sum of money to pay a deposit and first months rent on a house, now he's refusing to pay it back, can I take him to court ?
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
    Uber Member
     
    #2

    Jan 7, 2016, 07:20 AM
    Sue them in small claims court... win a judgement, then get a writ of garnishment against their bank account.
    Alfama's Avatar
    Alfama Posts: 47, Reputation: 3
    Junior Member
     
    #3

    Jan 7, 2016, 07:43 AM
    Thank you, £1,150 is that amount classed as a small claim
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
    Expert
     
    #4

    Jan 7, 2016, 07:52 AM
    Call local/visit your small claims court and get the facts and procedure of how you go about getting your money back.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
    Uber Member
     
    #5

    Jan 7, 2016, 07:59 AM
    As Talaniman mentioned... procedures may be different where you are located. My advice was based on if you were in the USA or Canada.
    Alfama's Avatar
    Alfama Posts: 47, Reputation: 3
    Junior Member
     
    #6

    Jan 7, 2016, 08:17 AM
    I realized that. Thank you

    Quote Originally Posted by talaniman View Post
    Call local/visit your small claims court and get the facts and procedure of how you go about getting your money back.
    Thank you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Jan 7, 2016, 08:44 AM
    Please note that you will need to prove that you loaned him the money. If you gave him cash with no documentation then you may have a hard time proving it. Even if you can prove that you gave him the money you will then have to prove it was a loan, not a gift. Whenever you loan money, you should have the borrower sign a note detailing the amount borrowed and the repayment terms. Without that you will have a hard time winning a judgment.

    Even if you do win a judgment, that's actually the easiest part. Collecting what was awarded you is the harder part. The court will only help so much. If you know where he banks or where he works, you can attach his bank account or his salary.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #8

    Jan 7, 2016, 07:53 PM
    To help prove you loaned him the money, (not a gift or other) try to get them to chat with you in email about the loan, and at least admit it was a loan and to how much.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #9

    Jan 13, 2016, 06:33 AM
    The Statute of Frauds may also be a problem. It depends on the particular terms of the SoF in OP's jurisdiction.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Ex Friend won't return my paintings or my husbands camera [ 1 Answers ]

We use to be excellent friends until I had to move to another state. He has my paintings and my husbands camera. It's a professional camera and expensive. I told my husband not to lend it out to my ex friend but he did it anyway. My ex friend was suppose to help me move my things and drive me...

How can I return my friend back ? [ 3 Answers ]

Ohhhhhh ! Am the wrong in all of this ! Once I shared in his Facebook am going to die noooooow it because of someone I ( love) ! But I didn't really mean it ! He thaught that its rightttttttt and he was so worry about me... And when I talk to him and I said no it wasn't like that ! He said...

TAX Return- International Loan [ 1 Answers ]

Hi, My husband is in H1B visa. We have purchased a property( Independent Home) in India by taking loan from a bank in India during Jan 2010. My husband pays the EMI from his earnings in US. Can we claim the amount paid as EMI as a part of tax deduction when filing tax return for 2010. Please...

Family Friend Won't give Child Back [ 11 Answers ]

Crazy situation but here it is in a nutshell: I have a nephew who is currently living with the mother's friend. The mother is incarcerated and serving Life without the possibility of parole. The mothers friend took the child and is raising him. The child gets no heathcare but somehow slips...


View more questions Search