Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-08-2006, 12:30 AM
Junior Member
 
Join Date: Jan 2006
Posts: 3
Angry

unpaid loan


What is the name of your state?What is the name of your state? MA
I loaned a friend money back in 2004, to buy a dog. After having them sign a contract, they still haven't paid the money back. I filed a Small Claims case against them, after two court dates as NO SHOWS, I filed a capias. Once I got them there, I told the judge I wanted the dog, for which the loan was for. I understand this is a touchy subject and she was trying to work with them. She set up a payment scheduled which they agreed to and she did warn them if they were late or short with payment they could loose their dog. Well, the first two months they were good with payment. The third month they made partial payment and was late. Now they are still one month behind. I contacted the court and asked my case to be brought forward, which I have a date for this month.
How many chances will they get? They didn't honor the contract, they were no shows at court and now not following the judges order. The balance owed is still more than the dog. I feel if they can't afford to pay me back they can't afford the dog. Since I am a dog lover and own my own, I understand the expenses of owning an animal.
Do you think I have a chance that the judge will now honor my request, awarding me the dog?
Thanks in advance for your time and reply.
  #2  
Old 01-08-2006, 12:39 AM
007
Guest
 
Posts: n/a
Quote:
Originally Posted by doglover06
What is the name of your state?What is the name of your state? MA
I loaned a friend money back in 2004, to buy a dog. After having them sign a contract, they still haven't paid the money back. I filed a Small Claims case against them, after two court dates as NO SHOWS, I filed a capias. Once I got them there, I told the judge I wanted the dog, for which the loan was for. I understand this is a touchy subject and she was trying to work with them. She set up a payment scheduled which they agreed to and she did warn them if they were late or short with payment they could loose their dog. Well, the first two months they were good with payment. The third month they made partial payment and was late. Now they are still one month behind. I contacted the court and asked my case to be brought forward, which I have a date for this month.
How many chances will they get? They didn't honor the contract, they were no shows at court and now not following the judges order. The balance owed is still more than the dog. I feel if they can't afford to pay me back they can't afford the dog. Since I am a dog lover and own my own, I understand the expenses of owning an animal.
Do you think I have a chance that the judge will now honor my request, awarding me the dog?
Thanks in advance for your time and reply.

Swami IAAL is thinking real hard. I even put my turban on. Got my crystal ball out of the shop just yesterday, and now I'm ready to make my prediction about the judge's ruling . . .

"Maybe"

Hey, that's what the crystal ball says!


IAAL
  #3  
Old 01-08-2006, 10:45 AM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Instead of taking the dog why not just go after their bank account or their paychecks ?? Even if you get the dog and could sell it, would you recover the amount of the loan ??
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:11 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.