Money owed by drug user

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

I want to take a former friend to small claims court because she borrowed $200 and refuses to pay me back. I have text messages and the collateral that she gave me to prove that I am owed the money and that is was a loan, not a gift. The only problem is that she is a heroin addict and I gave her the money because she said she needed it to make her withdraws go away. I didn't want to enable her, but she was crying hysterically and I am weak when a woman pleads with me in that way. I did it because I felt sorry for her. Will I still be able to take her to court and win even though I gave her the money for drugs?

codyasu said:

Will I still be able to take her to court and win even though I gave her the money for drugs?

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I really don't think so. I think "Clean Hands Doctrine" would apply.

"Clean Hands Doctrine" Defined

CreativeBlock said:

I really don't think so. I think "Clean Hands Doctrine" would apply.

"Clean Hands Doctrine" Defined

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Damn, thx. I would just sell the collateral, but it's only worth around $7. It just has a lot of sentimental value to her which made me feel comfortable that I would be paid back.

You can't get blood out of a stone. Even if you did win, it is unlikely that you would get paid. I am confident that the debt she owes you would not score high up on the list of issues she must deal with. As a general rule in the future, do not lend money to active drug addicts. Lesson learned.

dave33 said:

You can't get blood out of a stone. Even if you did win, it is unlikely that you would get paid. I am confident that the debt she owes you would not score high up on the list of issues she must deal with. As a general rule in the future, do not lend money to active drug addicts. Lesson learned.

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Well she's clean now and has a job that's why I was thinking small claims court. I hope they'll hear it even though it involves enabling for a controlled substance.

how long ago did you loan the money?


and the courts tend to not overlook the fact you lent it so she could buy drugs. If that can be left out, it would be a good idea. A contract based on an illegal act is unenforceable.

justalayman said:

how long ago did you loan the money?


and the courts tend to not overlook the fact you lent it so she could buy drugs. If that can be left out, it would be a good idea. A contract based on an illegal act is unenforceable.

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I loaned the money at the beginning of February. And I might be able to leave out that it involved drugs because she is obviously very secretive about her use and telling a judge would be the last person she would want to know. It's still a long shot though because I wouldn't want to lie.

really,****************************??

You gave a heroin addict money,now you want to take her to court because she didn't pay you back? Sorry, gotta call foul on your ignorance. If she was your roommate, you had to have a clue to the the goings-on within your domicile. Regardless, you also expressed empathy for her "condition". Now that the addict did not offer repayment of her drug loan-you're seeking reparations? This all seems like a ridiculous waste of the court's time. You were stupid. Take your lumps..... P.S.this is not advice from a lawyer,just an infomed citizenry.

blu92627 said:

You gave a heroin addict money,now you want to take her to court because she didn't pay you back? Sorry, gotta call foul on your ignorance. If she was your roommate, you had to have a clue to the the goings-on within your domicile. Regardless, you also expressed empathy for her "condition". Now that the addict did not offer repayment of her drug loan-you're seeking reparations? This all seems like a ridiculous waste of the court's time. You were stupid. Take your lumps.....

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Um ... I think the OP already realized it was a bad decision. And I don't think that criticizing someone for having sympathy for another's situation/illness, is very altruistic of you.

As for the rest, about the nature of a heroin addict and that the OP must now "take his/her lumps," much thanks to you, Captain Obvious. The world can rest safely tonight, knowing you're on the job.

P.S.this is not advice from a lawyer,just an ignorant citizenry.

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I fixed your typo for you. You're very welcome.