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This is probably pointless, but give it a shot

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L

Lunabelle

Guest
What is the name of your state?RI

Okay, long story short. Worked in the same place as "Cindy". Let Cindy borrow 500.00. Verbal agreement, no papers signed, nothing. I moved, and kept in touch with Cindy. She kept promising to pay me. Gave me 50.00. Told me to go up to her work, she'd give me the rest. I went, she wasn't there, didn't hear from her for 5 or 6 months. (She didn't have a home phone, and wouldn't answer her cell) All of a sudden, she saw an old friend of mine and gave her the new cell number, which my friend gave to me. After calling for 3 months, she finally calls back, but won't tell me where she lives. I act all nice so I can find out, 1 week later she won't return my calls or pick the phone up. It's been 2 months. I don't know where she lives, I do know where she works, and she has changed her number. I know I was stupid, but I want my money.
Is there any legal action I can take to get it back?
 


K

krispenstpeter

Guest
Sure there is legal action you can take. Sue yourself for being so stupid.

Count this as a lesson in what NOT to do. That's all you'll get out of it.
 
L

Lunabelle

Guest
Good thing I've got a good sense of humor...I know I was stupid, I already stated that. My thread title is even "This is probably pointless"

Really, though? Verbal Agreements don't mean anything? I'm not trying to be a pest, or to badger you, I did ask for advice and I got it. I just don't understand how some people talk about verbal agreements all the time - what makes it not apply here? Is it my state, or that verbal agreements have nothing to do with money?
 

BL

Senior Member
If you had proof you were given 50.00 towards the payment maybe, but then you'd have to prove you gave them 500.00 not 50.00.

Then there is the statutes of limitation to file.

Honestly, chalk it up as a lesson. Don't lend money. But If you must get it in writing , as a contract, signed by both parties.
 
L

Lunabelle

Guest
Thank you both for your quick replies. An expensive lesson, but hey. One of the best I've learned so far. :)
 

JETX

Senior Member
"Is there any legal action I can take to get it back?"
*** ACTUALLY, there is action you can take.

If you want to pursue this, simply go down to your local small claims court and file on her. Provide them with her work address so that she can be served there with notice of the suit.
Then, when time comes for court, show up and present your case.

Sounds like there is a fair chance that she won't show up..... and if she does, you have probably a 50-50 chance (or better if you have ANYTHING or anyone who can confirm the loan.... including bank statements). The worse that could happen is that you lose a few bucks and some time. And if you do win, you can garnish her paycheck.
 
L

Lunabelle

Guest
Jetx

Thank you for the reply. After I read that, I looked into small claims, and found out it is an 11.00 filing fee. Not bad. Then, I called a friend of mine who also lent her money - 1,000.00. He said he will file, too. I have nothing but a witness, my sister. Cindy's friends know she was lent the money, too, but I don't want to have them subpeoned(sp) because I am certain they will lie. My friend who also lent her money has me as a witness - I was standing right there when she was handed the money. I don't really care if nothing comes of it, I just want to waste her time (my days off are paid - what do I care?) So now my question is:

1} Would the case be in better standing because another person is filing as well?
2} If she doesn't show up, does she get served with a warrant?

Thank you for your time.
Also, please, if you wouldn't mind - I have been serching RI law for something on Verbal Agreements, and I'm not getting anything. Can you point me in the right direction, or suggest a site I may find info on?
 
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JETX

Senior Member
"Would the case be in better standing because another person is filing as well?"
*** Though each case is separate and independent, it might help as the judge could see a 'pattern'.

"If she doesn't show up, does she get served with a warrant?"
*** No. This is purely a civil matter. If she fails to show up to defend against your claim, you will be asked by the court to present your 'case' and show that she was properly served. And if you show you have a valid claim, the court will give you a judgment against her (called 'default').

"I have been serching RI law for something on Verbal Agreements, and I'm not getting anything. Can you point me in the right direction, or suggest a site I may find info on?"
*** Not really. A 'verbal contract' is the same as a written one.... only without the proof of its existence. You simply won't have a document signed by the defendant to prove it, and will have to rely on other 'evidence' to support your claim that a contract (verbal) existed.
 

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