Loaned friend money; doesn't look like he's going to pay me back.

[Olyvia]

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

New York


In September or October (I have the exact date on my Facebook profile), a friend asked me if I wanted to purchase a camera and lens. I knew he loved his camera equipment so I asked why he was selling it. He told me that he needed money and because I felt bad for him, I just loaned him $100. The total came to $112 because there was a fee. He'd had a job but when his father became very ill, he had to return home and was unable to find work there. His father passed away so he was looking for jobs wherever there were any so I figured he'd have no problem paying me back.

He said he could pay me within a month. It's been ~3. The last time I had contact with him was, I believe, the 13th when he asked me for more money...for a video game. I didn't feel comfortable doing it so I backed out. He did finally get a job on the west coast and said he could pay me soon. That was a month ago.

I'd understand if money is tight but the kid just bought a damn video game that I imagine cost the standard $60. Given his background, I don't see him making chicken feed out there, he's probably being paid quite well, especially when you consider that he moved for this job. I asked him for the money today but FB doesn't seem to indicate that he's "seen" the message though I imagine he's seen part of it through the preview. I saw him online a bit ago so I said hi and still, it was never marked as "seen". He just went offline without viewing my message...

I'm starting to get really nervous here, I never would have taken him as a thief. Is there anything I can do? I know $100 isn't a lot of money but I'm a new college graduate and every little bit helps. Not only that but I'm irritated that a "friend" might take advantage of me like this. Even just some sort of contact would help but I'm not getting anything, the guy has just been silent. If he doesn't have it yet that's fine but the silence is killing me.


And yes, I've learned my money, don't loan money to anyone, most people are probably jerks...



*Note: The fact that he owes me and it wasn't a gift is well documented via the FB messages we exchanged so that's not an issue. It's just a matter of whether I am gonna lose more than the case is worth if I pursue it. I'm still tempted to even if I don't get the full amount - I know I can't get filing costs back but still...ugh, seems so unfair.

 

[justalayman]

yes, it will cost you way more to try to get a judgment, which you would still have to collect on. While filing fees are typically awarded in small claims court, your travel fees to travel to the west coast so you can sue him are not recoverable.


Next time either purchase the items he was going to sell or at least take them as collateral for the loan.

 

[Olyvia]

I have to file there even if both of us were in NY at the time? Crap.

 

[Olyvia]

Sorry, I can't seem to edit my previous post.

If I have a friend out where he lives, is it possible to have them speak for me somehow?

 

[justalayman]

If I have a friend out where he lives, is it possible to have them speak for me somehow?

Not unless they are a lawyer admitted to the bar of the their state.

 

[sandyclaus]

Even though you did not specify the state on the West Coast, I know that California, Washington and Oregon are all states that do not allow for attorney representation in court. Even if it did, you would likely need to appear for the trial in order to testify to the facts of your claim.

That means YOU must appear in court in order to pursue a claim against this person. No one else can do it for you - not a friend, your brother, your mother, your cousin, NOBODY.