What is the name of your state (only U.S. law)? WA
What is the name of your state: Washington
Back in March 2009; I loaned some money to a female that I was seeing because she was in financial hardship. I told her right from the start that it would be a loan and that she would have to pay me back if she took the money from me.
After she took the money from me it seemed like she never wanted to see me, and my friends were giving me the impression that she was probably going to take the money and run.
Of course I probably should have made her sign the loan agreement before I gave her the money (lesson learned there)
Some of my close friends told me that I need to have signed some type of contract; otherwise I would probably never ever see the money again. After that I found a loan agreement contract on the internet and basically revamped it to fit my situation. I e-mailed it to her asking her to sign it and then print it out and mail it back to me. It basically said that I would give her 12 months of no interest, but after the 12 months interest was going to be around 20%. She flipped a lid and removed me as a friend on her Facebook account. Said I was being completely unreasonable, and said that 20 percent was WAY too high. Keep in mind that this last response from her was the first of May 2009.
So I let a week or two go by for her to cool off. I then call her on my way home from work and basically told that I would throw that loan agreement contract away if she would be willing to accept this new loan agreement contract proposal which was:
"As long as you make some sort of monthly payment every single month that I would not charge you any type of interest (basically saying if she made a payment of 5 dollars or more every money no interest would occur), but if you miss a month then I would start to impose a 10 to 12 percent interest rate from there on out."
She agreed to that proposal, so I told her that I would draft that up and mail it to her and have her sign it; so that she could mail it back after she signed it. I mailed her three copies of the new loan agreement contract. One to her house, one to her work address, and one to her house again just in case the first one got lost.
A couple of weeks go by and I'm pushing to sign this loan agreement contract and to mail it back to me ASAP. I even have extracted text messages from my old phone stating that she would sign the loan agreement and mail it back to me.
Then in the month of June she comes and with this:
She's in the Mortgage industry, and was going to do a mortgage refi w/ my current place that I'm living in. She wanted to make a deal that 2% be deducted of the money I loaned her. The refi never took place because she wanted me to first bring in 10K as a down payment on the new refi, but then that was going to work and I was going to have to put down more than that. Ultimately she wanted me to put down almost 15K as a down payment. After careful consideration and talking to my friends that are in financial industry basically said I would be really stupid to have her do a refi. So I told her that the refi was OUT and never going to happen because that was just WAY too much money to put as a down payment for a mortgage refi.
As it states I told her no that was not going to happen.
Anyway, she started making monthly payments to me July 09, skipped August 09 (not sure why), started the payments again in September 09, October 09, November 09, December 09, January 09, and then stop making monthly payments to today’s date. So almost 5 months have gone by with no monthly payment.
My current gf used to work at a very big law firm said that I just need to take her to small claims court and be done with it. Which I agree, but I wanted to give her one last chance so I sent her an e-mail message about a month ago with the help of my current gf saying that this is NOT acceptable and either she pays me in full w/in the next three months or I'm going to seek legal action.
She e-mails me back saying she's been having a very hard time financially and her grandmother is very very sick, so she's been taking care of her as well. Then states she's is seriously considering filing for the big B (bankruptcy).
My current gf helps me draft up another e-mail saying that I'm tired of hearing her excuses and am going to take legal action. So she responds by saying no problem that she will add me to her bankruptcy when she files.
I know I stand a very good chance at getting my money back going to small claims court, but if she files for the big B am I going to get screw'd. My current gf says that she will still have to pay off her debts. Is that true??? Do I stand a good chance of getting my money back???
Any help would be greatly appreciated.
What is the name of your state: Washington
Back in March 2009; I loaned some money to a female that I was seeing because she was in financial hardship. I told her right from the start that it would be a loan and that she would have to pay me back if she took the money from me.
After she took the money from me it seemed like she never wanted to see me, and my friends were giving me the impression that she was probably going to take the money and run.
Of course I probably should have made her sign the loan agreement before I gave her the money (lesson learned there)
Some of my close friends told me that I need to have signed some type of contract; otherwise I would probably never ever see the money again. After that I found a loan agreement contract on the internet and basically revamped it to fit my situation. I e-mailed it to her asking her to sign it and then print it out and mail it back to me. It basically said that I would give her 12 months of no interest, but after the 12 months interest was going to be around 20%. She flipped a lid and removed me as a friend on her Facebook account. Said I was being completely unreasonable, and said that 20 percent was WAY too high. Keep in mind that this last response from her was the first of May 2009.
So I let a week or two go by for her to cool off. I then call her on my way home from work and basically told that I would throw that loan agreement contract away if she would be willing to accept this new loan agreement contract proposal which was:
"As long as you make some sort of monthly payment every single month that I would not charge you any type of interest (basically saying if she made a payment of 5 dollars or more every money no interest would occur), but if you miss a month then I would start to impose a 10 to 12 percent interest rate from there on out."
She agreed to that proposal, so I told her that I would draft that up and mail it to her and have her sign it; so that she could mail it back after she signed it. I mailed her three copies of the new loan agreement contract. One to her house, one to her work address, and one to her house again just in case the first one got lost.
A couple of weeks go by and I'm pushing to sign this loan agreement contract and to mail it back to me ASAP. I even have extracted text messages from my old phone stating that she would sign the loan agreement and mail it back to me.
Then in the month of June she comes and with this:
She's in the Mortgage industry, and was going to do a mortgage refi w/ my current place that I'm living in. She wanted to make a deal that 2% be deducted of the money I loaned her. The refi never took place because she wanted me to first bring in 10K as a down payment on the new refi, but then that was going to work and I was going to have to put down more than that. Ultimately she wanted me to put down almost 15K as a down payment. After careful consideration and talking to my friends that are in financial industry basically said I would be really stupid to have her do a refi. So I told her that the refi was OUT and never going to happen because that was just WAY too much money to put as a down payment for a mortgage refi.
As it states I told her no that was not going to happen.
Anyway, she started making monthly payments to me July 09, skipped August 09 (not sure why), started the payments again in September 09, October 09, November 09, December 09, January 09, and then stop making monthly payments to today’s date. So almost 5 months have gone by with no monthly payment.
My current gf used to work at a very big law firm said that I just need to take her to small claims court and be done with it. Which I agree, but I wanted to give her one last chance so I sent her an e-mail message about a month ago with the help of my current gf saying that this is NOT acceptable and either she pays me in full w/in the next three months or I'm going to seek legal action.
She e-mails me back saying she's been having a very hard time financially and her grandmother is very very sick, so she's been taking care of her as well. Then states she's is seriously considering filing for the big B (bankruptcy).
My current gf helps me draft up another e-mail saying that I'm tired of hearing her excuses and am going to take legal action. So she responds by saying no problem that she will add me to her bankruptcy when she files.
I know I stand a very good chance at getting my money back going to small claims court, but if she files for the big B am I going to get screw'd. My current gf says that she will still have to pay off her debts. Is that true??? Do I stand a good chance of getting my money back???
Any help would be greatly appreciated.