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Loaned a friend money

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Drift5107

Junior Member
What is the name of your state? Florida

I loaned a friend 5000.00 in oct, 2007. He needed the money because of a court payment he was ordered to make to his ex wife. The contract was that he would pay in two weeks. He didn't. The two week window was stated on the check. He has given me two bad checks since, one check stating that he was paying the debt back. He has now disappeared. I've talked to his father and his lawyer and nothing. He has emailed me once stating that he was having a hard time and that six of his properties went into foreclosure, that he is now contemplating suicide.

I'm full of evidence. What should my next step be if I can't find him?

Help:(What is the name of your state?
 


dcatz

Senior Member
File a case in SC, so that you memorialize your claim, and then send him an email asking if his estate will have insurance and who the carrier(s) are. You might also wish him good luck with that suicide thing.
 

dcatz

Senior Member
Thanks racer.
Late New Year's resolution: no more weak attempts at humor and no more facetiousness.
 

Drift5107

Junior Member
I doubt he will be killing himself... he's quite the drama queen. But meantime I should go to small claims and just file. Even if I can't find him.

I know his attorney has contact with him... I just spoke to him on the phone....

So just file in court that all I should do right now right?


Just want to finally understand this!!!
 

dcatz

Senior Member
No, don't file until you know that you have a way to effect valid service. Your hearing date will arrive too fast, if you have to start looking at that time. A court may continue the case for a hearing or two to allow you to complete service, but it won't go on indefinitely. The case will get dismissed without prejudice, you'll have wasted your money and will have to start again later.

You don't mention if his residence address is still valid for substituted service.

From your post, it doesn't sound as if recovery is in the cards anyway, but you honestly don't give enough information to make it clear that service is impossible and recovery is out of the question. You give just enough (substantial property holdings, a bank account and support payments) to suggest that there may still be hope.
 

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