"Friend" Owes me Money

[ahappycamper]

What is the name of your state (only U.S. law)? California


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 but I'm not getting enough hours at work.

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.

The other thing is, I know he makes enough money. He works 40 hours a week. He has enough money to pay me back, he just chooses not to, and he admitted to a mutual friend that he wasn't going to pay me back not because he can't, but because he just doesn't want to.

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 San Diego, California.

 

[tranquility]

While it seems to match the requirements of a promissory note, there could be a question of consideration. It is worded poorly and might be challenged on those grounds.

Since there is no interest listed, you can't charge interest until you get a judgment. You can't sue on the purported note until it becomes due.

 

[halsal]

Can you prove you lent the money? Do you have canceled checks, ACH transfers, money orders, etc.?

 

[Zigner]

And, the amount you are talking about exceeds the California small claims limit. If you want to sue to get it all back, you're going to be in "real" court.

 

[swalsh411]

Why did you loan him money in the first place? Not saying this is what you did, but if it was for something illegal then you won't win in Court.

Also this is a good lesson not to loan money you can't afford to lose.

 

[Zigner]

I am always amazed that people loan money to people who can't get financing elsewhere, and are then surprised when they don't get paid back. I understand helping somebody out who needs it, but if they can't/don't pay their other debts, why would yours be any different?

 

[tranquility]

This is why I am uncertain the writing will be considered a promissory note. What was the relationship? Why was the money given? Just because there is a later writing the money amounts were "loans", does not mean they were. When or if this goes to court, the purported note will be attacked both on that ground (although the presumption will be there was consideration), and on the signature grounds. Not that the other party didn't sign, but the WHY he/she signed. Was there coercion? Was there a promise of more money? There is more to this story. I suspect the OP left out a fact or two. Even if not, there will be some issues in true litigation.

 

[swalsh411]

I think the OP is leaving out a lot. What are "accumulated costs" and why have they been accruing since April? Is this interest? There is a lot more to this.

 

[tranquility]

I agree and is part of the reason I felt the recitation of consideration was worded poorly.