Someone stole my money (agreed to pay me back but now refuses)

I'm extremely sorry if this is the wrong place to post this. I figured this would be the topic, since I guess I'm the debt collector in this case.

My girlfriend's uncle, his name is Gary. He went to jail and needed 400 dollars to bond himself out. I loaned him the money (I guess this would be the offer) and he accepted it, with the promise to pay me back in full (consideration?).

The way I see it, this is a valid contract. I offered to pay it on condition that he pay me back, and he agreed (on the phone at the jail). I gave the money to his wife and she bonded him out. He immediately came over and in front of probably 4 witnesses promised to pay me back the 400 dollars in full.

Well the guy is a dope fiend, and pretty much spends every dime he has on meth. We just recently got into a big scuffle (verbal only, almost physical). He told me he isn't paying me back now.

I know that I don't have a written contract, but is it possible that I can default him civilly using affidavits and defaults? I don't think he should get away with this. I know getting the money from him will be hard, even with a judgement from the court, but I want to do this (for practice and to teach him a lesson). The guy probably won't even show up to court because he's high on meth, literally, every single day. So I know I will win by default even without the affidavits and default.

Can someone suggest what they would do if they were in this situation?

Is it possible just to send him a bill (true bill?) and consider it valid when he fails to respond? Or should I accompany it with an affidavit? Or should I just send an affidavit to him and then a notice of default?

I've never done this before, but I've been reading alot from you guys and it sounds possible. I want to do this mostly as a learning experience. Any information or suggestions would be greatly appreciated.

Thanks again, and sorry if this is the wrong place to post this, I couldn't find anywhere better.

Andy

Well, You're gonna piss him off no matter what you do.

Is the hassle of court as convenient as the ease of a $2.00 can of transmission fluid on the paint job of a car?

I'm not suggesting you do either, just letting you know that sometimes, it's worth the small lesson to know that we can never trust someone, and usually, they will avoid us like the plague after defaulting on the loan, so our problems are essentially over, and their conscience knows they owe us, so they never cause us trouble again.


If you want retribution, there are much easier and more anonymous ways to get it than going to court. Do a search on George Hayduke.

If this guy is a dope fiend, are you gonna get your money anyway if you get a judgment against him?

Again, I am not suggesting anything. Just asking questions and inserting my opinion.

If it were me, I wouldn't waste the energy, knowing that it wil probably not net me the $400.

HB

You are totally right. I want to do this as more of a learning experience. I want to know what my options are, just in case this happens again, but the guy has alot of money or a good job. Ya know?

I've been reading this site for a good month now, but I haven't had a chance to put everything into action.

It's kind of funny. After reading this website for the first 3 weeks, I was tempted to intentionally get a traffic ticket, just to practice. I'm just itching to test (only way to really learn in my opinion).

Anyways, I decided against committing a crime or an infraction. I have an opportunity to practice debt collecting the real way (instead of going to court and trying to argue). I'd rather default him commercially (I have witnesses to the verbal contract also and can submit their affidavits too).

Has anyone ever been in this situation? Where they billed someone for an amount owed and was able to collect? Or commercial defaulted them and used that as evidence in a small claims suit?

You're completely right though, I would get more satisfaction tearing up his car, but I own 2 towtrucks and a car, and this guy owns 1 piece o crap car. He lives next door to me, so I don't wanna go that route because I have more to lose.

Thanks for the suggestion though, I already considered it >

[KITCHIE]

Why don't you just file a UCC 1 with him as the Collaterol debtor and you as the creditor. After you get that you can hire a PI (if you don't know) to find his banks account and remove the funds just like the IRS would do to us. That's the easy way and you'll get to test that method. Of course you would have to send him an invoice and default him prior to filing.

Kitchie

Thanks for the suggestion Kitchie. I don't know enough about UCC1 or the UCC in general to try it out. I'm kind of hesitant. I get this feeling like filing any UCC documents gives the impression that I'm an expert in commercial law, and I'm not even a beginner, yet.

Also, I don't want to spend money on an investigator, as this guy has no bank accounts. I do know he's getting a job soon though, which is why I want a summary judgement against him, so I can just get the sheriff to garnish his wages.

This guy probably won't even show up to court, but I want to have the evidence so that even if he does he will lose. Is affidavit/default valid as evidence? Or is the default like a judgement itself? Could I take the default straight to the sheriff?

I've heard a commercial default IS a judgement itself, and you can't use that as evidence in small claims because after the judgement there is no dispute. I technically already won after the default right? I'm kind of confused on this matter. Does anyone know?

Andy.

I'm surprised no one here has a suggestion for me. This has got to be one of the most common situations every day people would find themselves in.

I'm sure just about everyone here has let someone borrow money on the promise to pay back, and not gotten paid. There has got to be a way to get your money back based on that verbal contract without just going to small claims and presenting the evidence there.

Can you fill out affidavits and default them and use that as evidence in court, to give you better odds of winning? Can you just invoice the person and then use a certificate of dishonor? Please help me. I'm sure I'm not the only person that has been in this situation, and I'm positive that every one of you will eventually be in this position. There has to be an effective means to get justice in this situation. The question is, what is it?

Thanks anyways,
Andy.

Ok, I didn't know exactly what to do, as people here seem to be MIA.

I went ahead and sent an Affidavit of Truth & an Invoice Letter.

I wrote in the Affidavit the facts surrounding the incidents.

I wrote in the Invoice Letter, the amounts I expect to receive.

I put in the Invoice that they had 15 days to respond.

I sent out this letter yesterday by certified mail. They received the letter today.

Boy were they pissed!! They were yelling and screaming and woke me up this morning with their cursing. I guess they thought it was a lawsuit or something and not just a letter.

Anyways, they ended up ripping the Affidavit and the Invoice up, and throwing the pieces onto my porch. I went outside and picked up the pieces and I have them in a plastic bag. They then called the cops and told them that I wrote them a harassing letter. The cops came over and asked them to produce the letter that was so harassing. They told the cop that they had ripped it up, so they couldn't prove it, but they swore that the letter was harassment. So the cop comes over to me and asks me about the letter (trying to get me to admit something because they had no evidence). I told him I had a copy of what I sent, and the ripped up pieces they gave me. I let him read it, and he just laughed. He scolded them for lying (I guess they didn't know I had a copy of it).

Anyways. Should I even wait the 15 days? Or can I use the ripped up pieces as evidence of dishonor?

The small claims limit in Missouri is $3000. I've got them owing me $980 on the affidavit and invoice. Is there a way I can multiply the damages?

Also, should I list the cop as a witness? Since he witnessed that I sent them the letter? That way they can't deny the default later?

Also, after I default them, do I just sue in small claims? Or is there a way I can get them without having to get a summary judgement?

Also, when I do decide to sue, and I file my first affidavit+invoice, and then the default, is there anything else I need to do? Do I have to file a collateral estoppel to keep them from arguing the facts in court? Or will the judge automatically know that they can't argue the facts?

Any information would be helpful. Thanks.

Andy.

P.S. Attached the Invoice & Affidavit that I sent. I will do this anytime I sent anything new to them. That way if a part of this works, everyone will be able to see exactly what was used.

[weishaupt1776]

In a default, you also need to send them a notice of default w/ a 3 day opp to cure (pay the 890).

Then record the final default in the court with an action referencing the past admin docs.

use a writ of praecipe to get the clerk to enter the default judgment in your favor.

Originally Posted by weishaupt1776

In a default, you also need to send them a notice of default w/ a 3 day opp to cure (pay the 890).

Then record the final default in the court with an action referencing the past admin docs.

use a writ of praecipe to get the clerk to enter the default judgment in your favor.

Ok. So when I wait the 15 days, should I send a Notice of Default, and add the 3 day option to cure in the letter? Or do I need to put 3 day opp to cure on the title?

Also, I haven't filed suit yet. I was going to wait until the default. So after the default and the 3 days, I can file suit, and file my default right. Then I do a writ of praecipe right after I file suit? I'm sorry I've never sued anyone before.

Do you use yahoo messenger weis? Could I talk to you personally about this?

Thanks alot!

Andy.

[weishaupt1776]

yahoo msngr is cool, but we could all learn together here.

Title it NoD/3 Day opp 2 cure

after the 3 days, hit 'em w/ the Final Default alert them that civil action will now take place as you have exhausted your Admin remedies. State that you have been irreparably damaged and you have, in good faith, attempted to settle the matter to no avail.

File all the docs as exhibits w/an action describing the events and referencing each doc ask the court to award you the max.

Make each count 1 subject & 1 verb NOT compound sentences.

I'm not sure about the writ yet, because I think that can only happen as a result of prior filings. I used it when I was a defendant & someone filed on me, not when I was plaintiff

Maybe you get the cop as a witness to the prior shenanigans?