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Loan not repaid back

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irispooh

Guest
What is the name of your state? NY

Around early April, I lent a friend of a friend money (bad idea) b/c his car had broken down en route to Florida from RI. The total amount loaned came to $900 give or take a couple dollars. He gave me his email and contact info. I have 2 or 3 emails saying that he will pay me back. The second to last email I sent him stated that he had 3 months to start paying me back and that the amount of time given to him was enough to at least start paying me back a little, and that I expected to recieve something by July 10th or I would take further action. He emailed me back a day or two later saying that he truly appreciated my help and that I should indeed expect something by July 10th.

Well, July 10th came and passed, and I still haven't seen a penny. It's been over 3 months. I sent him an email early last week stating that since I had given him enough time and he promised to send something by July 10th and didn't follow through, I have no choice but to take legal action and that any and all expenses will be incurred by him.

So my question now is how do I proceed? I'm fuming mad, and really don't want to spend money on a lawyer b/c it may be another expense and I will lose that money in addition. Is there a way to get a direct deposit from his paycheck directly or to repossess his car?

Any advice would be appreciated. Thank you.
 


Ladynred

Senior Member
First, stop sending e-mails and send your payment demand in writing, certified mail.

You may have a problem in that you don't appear to have a written agreement where he promises to pay you back. Emails won't hold up as email addresses can be spoofed.

No, you can't repo his car. If you're not the secured creditor, you have no rights to his vehicle.

You can't 'direct deposit' his check either. You'd have to sue him, win a judgment and THEN, maybe, you can have his wages garnished.

You'd have to sue him where he lives and if you don't want to go there, you'd have to hire a lawyer to represent you - if you even have a valid case (no written agreement).
 

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