"Friend" Owes me over 11,000 dollars, is this enough proof?
A friend owes me a lot of money and he is not going to pay me back so I want to get it back through legal means. Currently I have a note from him as well as text messages, phone recordings and video recordings of him admitting to what he owes. Is it possible he could claim that I FORCED him to sign it? That I manipulated the sound recording some how or threatened him? I want to get him to sign other notes but I didn't know exactly what information and details that I need to jot down in order for it to be valid in court if I ever have to go there. I'm worried that my notes are incomplete and do not contain enough information to go through in court.
The money was lent to him for many different things, rent, food, clothing, other debts he needed to pay. For a while I was paying for all his food, equipment, everything pretty much. It was done in small increments in different types of payments such as cash and credit. He really needed help, threatened suicide on many occasions and pretty much just freeloaded off of me as I attempted to help him get back on his feet.
I have witnesses that can testify that he owes me that amount of money as well as a written note by him and a text message and phone voice recording of his admitting that he owes me over 11K. I want to make sure that I get my money back 100% and am afraid that I need more evidence so I want a more detailed note than the one I have now.
Right now I currently have a video recording of him signing a note that states exactly this...
I, ____, born on ____ with social security number _______ currently owe ______ 11,327 US dollars from accumulated costs that have been accrued since April 2012 and I am promising to pay this amount back by April 2013 in small or large increments with proof of reimbursement by receipts received by both party members. If I do not pay this amount back by April 2013, I approve of wage garnishment or other miscellaneous legal methods that may be enforced upon me by the state of law in order for ______ to have his funds returned appropriately.
Signed by borrower ________
Signed by lender ________
Witness Signature #1 __________
Witness Signature #2 ________
Witness Signature #3 _________
I have the actual note of his signature. I am afraid that he is going to claim forgery so I made sure to also have a video recording of him signing the note and reciting on recording the note verbatim.
I also have text messages as well as voice recordings from myself and other friends of him casually and informally engaging in conversation with them, acknowledging that he owes me these amounts.
For example, text messages and conversations such as....
Friend: So how much do you really owe _____?
Borrower: About 11K
Friend: You know you still owe ______ 11K, right? How are you going to pay him back?
Borrower: I know I do. I'm still trying to find a job.
Those are the two conversations and text messages that have been exchanged.
So in total, I have informal conversations through text and phone recordings of him admitting that he owes me oney. I also have a hard copy of a note that he signed(signature that matches that on his driver's license). Lastly I have a video recording of his actual self, on camera reciting the note and a voice recording of him signing it.
Is this enough to get him to give me money back? What else can I do to insure that I can legally get him to pay me back.
Please help me. I am so sick of thinking about this money. I barely make minimum wage and this money was earned by me through long hours of blood, sweat and tears. I just feel so distraught and upset being cheated and used by somebody who I really tried to help. I just want my money back so I can finally get this person out of my life and I can live my life. I made a huge mistake in trying to help somebody and I will never do it again, and I just want to move on.
Also, if I want to tack on interest, how can I go upon doing so?
I live in California, San Diego.
- AnamaLv 78 years agoFavorite Answer
It sounds like he understands that he owes you money. What you need to do now is to figure out what repayment is most likely. If you see that he has a job, or is spending money on expensive things when he is telling you and other people that he does not have any, then it is time to go to court.
Having no idea if this person is a scammer/grifter or legitimately wants to pay you back you are going to have to do a little investigating on your own to see if the money is even there.
If they have a car, more nice clothes, new stuff, etc. then you should go and get a court ordered judgment for payment. If you are trying to stay in small claims, break the debt down into parts so you can eventually get everything you are owed. (Say, small claims has a cap of $5000 US per claim. You want to break it down to smaller amounts for clusters of loans or items so you can eventually get ALL of your money back and not have to default the rest that small claims can not order payment on).
If they have absolutely no job or way to pay that back by selling items, etc. then you need to start talking to them calmly and set up a reasonable payment plan. If that means they have to start pawning or selling items, so be it. They have no business having a gaming system when they owe money like that!
Glad you learned your lesson, now, don't lend money to anyone ever again no matter what the relationship. Relatives and lovers can be the worst when it comes to paying money back, so keep the pocket book closed when it comes to things like this! And the next time someone threatens suicide do not hesitate to call 911 and get them some help! Emotional blackmail to get money is not okay, and if you believe that they are going to harm themselves you need to act on that.
- ObserverLv 68 years ago
You may need a lawyer....and that will cost you.
If California has "sheriffs" you might get a sheriff to seize a vehicle or some work tools or equipment and then resell them.
However....what is the maximum for "Small Claims Court"? Maybe you can just bring the series of small loans to court and obtain judgements on each smaller amount.
Talk to a Court Clerk if possible and definitely seek "free" legal advice if you can find it.
Unfortunately.....you are very UNLIKELY to ever collect....
- likepepsiLv 78 years ago
The problem isn't proving that he owes you the money, the problem is actually collecting the money. I think you have sufficient proof. You can go to court and get a judgment, but that still doesn't put the money back in your pocket. It only gives you a claim on his assets.
In short, there is nothing you can do to MAKE him pay you back if he doesn't have the ability to pay.
Perhaps your best move now is to get a judgment so your legal claim is established, and then help him find a job so he can start repaying you. Or hire him yourself to do odd jobs in exchange for reducing his debt.
- exactdukeLv 78 years ago
I know I do. I'm still trying to find a job.
If this statement is true, what makes you think he has 11k? Is he lying?? If he doesn't have a job, he quite likely has no money, so what's the point???