I need a little legal advice maybe

[EXD 45]

That sucks....
There are probably only 3 people I would ever "loan" money too, and HAVE loaned money too. On every occasion I was paid back without having to ask for it, sometimes they gave me a little extra....
Sucks you had to learn the hard way.

 

[Barsoom]

Don't let her turn you bad... just be smart about helping people out....

As other people have said always consider it a "gift" and not a loan. Give only what you are willing to give. If you get paid back its gravy.


About a month ago I was dumb and lazy and got took advanage of... My kids and I were sitting in the van in a strip mall parking lot and this guy came up to me with a story about being stranded needing money for food.

I gave him $10 after making him promise he'll spend it on food.... about 30 minutes later I see him riding his bike down the street talking on his cell phone with not a bag of food anywhere. My teenage kids thought it was pretty funny. I will still give money but next time I'll do it by getting off my butt and going into the store and buying the food myself.

 

[Teeeroy]

In my younger days I made the mistake of paying a girl's electric bill to keep it from getting cut off. She had a toddler and it was winter. The bad thing was that the money needed to go to making my truck payment.

It's one thing to be generous if you can afford it. I made the mistake of damaging my own credit to help someone out.

 

[Jefpainthorse]

Unless there is a loan contract (written) it didn't happen

even then.. Winning a judgment and getting paid are light years apart the way our legal system works

never loan anything you can't afford to loose

 

[Dave70968]

I don't know about Oklahoma, but in Kansas that what's called a "civil issue", which means that you would have to go through small claims court. Small claims court is up to, but not over, $1000 with no lawyers or anything like that. Basically you file with the county and they set up a court date for you and her. A judge then determines who wins. You pay up front and if she loses, then she pays the costs plus the damages or whatever your claiming.

Small claims in Oklahoma is up to $4500.

 

[Werewolf]

I can't imagine why you would loan her cash money but since you did and she seems to be unwilling to return the cash maybe she has other assets she'd be willing to trade in lieu of cash...

 

[Weatherby]

Hey, anyone want to loan me some money?

(Someone had to do it.)

Sorry to hear about you bad situation. Good luck in getting it resolved.

 

[Slack]

Your most obvious course of legal action is small claims court as has been mentioned by others. Here are the likely outcomes from that process:

File the suit and have her served while spending about $200:
1) She shows up and says she borrowed the money. The judge decides in your favor and she pays $600 right there and then.
2) She shows up and says it was a gift. Judge asks for documentation, you shrug, judgment for defendant. Out of pocket $600.
3) She doesn't show up, judge gives you default judgment of $400 plus costs. Now you have a piece of paper in your hand that says she owes you $600. Still out of pocket $600, but at least you "won". If she has a steady job, then garnish her check (more hassle, paperwork, and a little $) and slowly get repaid, assuming someone else isn't garnishing her pay and she doesn't change jobs, If she doesn't have a steady job, or doesn't work, then you are pretty much out of luck. Blood from a stone.

I think you would be better off seeing if she has something you can take in trade. Finally, just hit her up every payday for the money. Just don't stop. She will probably start avoiding you at this point.

Don't loan money unless one or more of the following are true:

1) You can afford to lose it.
2) You receive something in collateral (of value to you or easily to sell).
3) You like being taken advantage of.

My momma once told me that sometimes it was worth loaning money to people that you didn't like and you knew weren't going to pay you back.

It gave them a reason to avoid you and gives you an easy conversation starter ("where's my money?").

If you can't or don't want to afford it, send them to the local pawn shop or signature loan company. As much as I don't like these businesses, that is what they are there for and they know how to get their money back.

 

[Rabbitcreekok]

The easiest way around the loan/gift problem is to take a piece of paper and write on the paper something like

"I AK am loaning you, Girlfriend, $400 to help out with your rent. You, GF agree to repay me, AK, the $400 on some agreed upon date.

Signed GF

You just say this is the only way I loan anyone money, nothing personal, it is just the way I roll or something like that.

Now you have something to take to court to get the judgment against GF. Of course then you have a judgment that GF owes you the money but you don't have your money and probably won't ever get your money anyway.

As others have said, don't loan it unless you consider it a gift.

JMHO

 

[Pb Slinger]

** I'm not a lawyer, either. But here is what I encountered with similar circumstances.**
If I choose to go the small claims route, I have to pay court costs. If I win the case, then the debtor will be obliged to pay the judgement, plus court costs. With a judgement on my side I become creditor with the ability to garnish paychecks, conduct asset hearings where the debtor is forced to disclose all assets, with the assistance of local sherriff I can seize certain assets. Sometimes, all it takes is being served legal papers and people will whip out the wallet, if they legitimately owe a debt. The gamble is, can I prove that the debtor owes me this money back?

I sent a succesion of certified letters to the debtor requesting payment, laying a paper trail for possible civil action. This is far less expensive, and may just get the desired results.

Good luck!

***Not an attorney. Not legal advice***