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

    Feb 16, 2011, 04:37 PM
    I am being taken to small claims court for 2000?
    I had borrowed money from a friend and I did say I would pay him back (the 2,000 dollars to be exact) however I lost my job and now I have no income coming in and have no way to pay him back this minute this second he wants to take me to court what should I do?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Feb 16, 2011, 04:39 PM

    Did you two sign any document? When was the loan supposed to be paid back and in what state do you live?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Feb 16, 2011, 04:42 PM
    Sell your possessions and pay him back, of course.
    Whose computer are you on? Who is paying the internet bill?
    EKHer's Avatar
    EKHer Posts: 4, Reputation: 1
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    #4

    Feb 16, 2011, 04:44 PM
    Comment on ballengerb1's post
    No, no documents only verbal agreement. There was no contract no paperwork nothing. I was supposed to give him $100.00 every month. However when I lost my job it felt like everything went out the door and that point I live in CA and I didn't qualify for unemployment either.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Feb 16, 2011, 04:46 PM

    You either pay him back or lose the suit. He may not be able to collect right now, but the judgment should be good for 7-10 years at least.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #6

    Feb 16, 2011, 04:46 PM

    How long since you made your last payment on the debt?
    EKHer's Avatar
    EKHer Posts: 4, Reputation: 1
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    #7

    Feb 16, 2011, 04:52 PM
    Comment on joypulv's post
    Well its not a question if I should pay him back of course I want to but Im not going to sell my computer I got it for my birthday 3 yrs ago. I have free internet so that would probably be the least of my worries at this point.
    EKHer's Avatar
    EKHer Posts: 4, Reputation: 1
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    #8

    Feb 16, 2011, 04:56 PM
    Comment on ballengerb1's post
    I haven't made one payment. Let me put it this way he gave me money on Friday and I was out of a job by Monday morning. I thought about giving him my tax return money however I owe the IRS now to because early last year I did some under the table work and this other guy claimed a 1099 on my and now I have to pay the taxes on the total of balance of what he paid me under the table.But that's another story in itself. I want to know if I'll go to jail or not? Not saying that would change my mind on paying him back but I would like to know.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Feb 16, 2011, 05:00 PM

    First, if you have a follow-up question or info please use the Answer options not Comments.

    No you won't got to jail. He will get a judgment that he can use to attach assets as soon as you have some.

    I would offer to sign a promissory note to prove your intent to pay but explain that you just don't have the money now. That may prevent him from taking you to court.
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