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Money Owed by friend

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Stuffwar

Junior Member
I wasn't sure where to put this, so I put it here.
I live in California

About 2 years ago I decided to help a good friend of mine purchase a PC through Dell. He had poor credit at the time and was unable to sign up for the monthly payments so I went ahead and got the PC for him under my account using the monthly payment. He had (unfortunately) agreed verbally to give the money to me each month for the payment, which was $28/month. He added his bank account to my Dell account so that I could automatically withdraw the funds required.

This was fine until he switched banks because he was unhappy with Bank of America. He had moved from the city(was living across the street from me before) not too long after that and it became increasingly difficult to get him to give me the money as I could no longer automatically get it. He had to start driving down to hand me the money in person. He started skipping months of pay in up to 3 month spurts. However, he would make up for it and give the amount of pay he missed. I was fairly lenient about it since he was still paying me...eventually.

Here is where the real problem is. He hasn't paid in 11 months now and is actively avoiding me. My only contact method with him at the moment is Facebook. While it is very obvious he is logging on and updating his statuses and such, he avoids my messages and pretends he doesn't see them, even though I can tell he has because it says "seen x date x time" if he does.

My question now is, can I do anything about this? Dell was no help and said I couldn't put the payments under another's name/account. I have no formal agreement such as a contract stating that he owes me x amount and agrees to pay x amount monthly. However, I have records of his bank account being on my Dell account showing that I have, at one point, been receiving payments from him. He's also knowingly expressed on Facebook that he knows he owes me the money, still has the computer in his possession and "feels bad" for avoiding me and not paying. At this point he owes $308 and the larger the debt gets the less he'll be willing to pay it.
 


sandyclaus

Senior Member
Then pay off the debt and sue your friend in Small Claims court to recover the debt.

Of course, if you win your case, all you'll get is a judgment against them. It will still be up to YOU to collect what's owed. Since you know he banks at BofA, you may be able to subpeona his bank account records and do a levy on that account - unless/until he decides to change bank accounts again, that is.
 

Stuffwar

Junior Member
I visited courts.ca.cov about the using part and I made a document using this form: http://www.courts.ca.gov/11145.htm and sent it to his Facebook. So I'll see what happens after that. I may even try meditation.

Depending on the response I get from the general demand document(if any) I'll try the sobpeona thing afterwards.
 
Last edited:

Antigone*

Senior Member
Again, the best solution in this case is not a trial.

As a first solution, I'd first try to use psychology on this one:
- Send him an email stating that you plan to sue him;
- Send him an official signed letter from a lawyer threatening to start a suit.

This solution should clear the case much easily / less expensively / timely.
I see Dr. Phil is in the house:rolleyes:. We don't recommend "threats" and he does not need the assistance of an attorney.
 

Zigner

Senior Member, Non-Attorney
I retract my previous statement:D

and I would like to say that it looks like Mr. Avocado is the newest member of the FAVI society. He joins the ranks of willie, dillon and dannyt
I suspect it's a "spam seed" - I've reported another post as such.
 

Mass_Shyster

Senior Member
I retract my previous statement:D

and I would like to say that it looks like Mr. Avocado is the newest member of the FAVI society. He joins the ranks of willie, dillon and dannyt
I figured out what FAVI means. There's three minutes I'll never get back.
 

sandyclaus

Senior Member
"Avocado" is indeed a spammer... he hit my other board last night and plied the same crap answers to a bunch of questions. And when I say the same crap answers, I mean WORD FOR WORD. D'oh!
 

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