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Personal Loan/ How should I proceed-advice greatly appreciated

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questions1

Junior Member
What is the name of your state (only U.S. law)? North Carolina

Before sharing the facts, please, I would like advice and need no shaming. I am embarrassed and humiliated enough. Thank you.

I discussed with a person a personal loan beginning in December. I did think this was a friend and knew his entire family. We continued discussion of amount and use and re-payment. He wanted tools to get some things made that he said would be sold within 60 days. He also added he would get his tax return in April which would be over 1800.00. Tools were ordered and put on my credit card and delivered to his address. The total he accrued was approximately 4000.00. (I did not know about the amount after the first 1500.00, but those details probably do not matter right now). The first purchase was made in late February. In mid April, he said he had filed his tax return. He also gave me some new clothing he had, he said this was part of re-payment, even though I said I did not want to have to sell the clothing to get some of my money back. He said hold onto it for now, the value of the clothing is probably 600.00. April 25th he called to say his return was being mailed on May 3, and that he would be giving me that check. I called and asked about that check several days later. He claimed he had not gotten it yet. I opened a bank account that has branches in his city (he is in a city 2.5 hours from mine) so that he could deposit the check. Still claiming he did not have the check yet, he did deposit over 300.00 into my account on May 8. He has since stopped calling, and has not returned calls. I sent him two emails regarding facts about the loan and requesting we set up a payment plan civilly. To one email he said "It was not a loan, it was a gift". His later email reply was "Should I deduct meals out and groceries?". I sent another email saying I was not asking for gas, groceries, work I did at his home, etc. I was requesting re-payment of the loan". Please, please advise. If I need to go ahead and file in small claims court, I would like to know how to prepare, and any other steps you can suggest. Thank you.
 


swalsh411

Senior Member
What I have at this time is his deposit to my account, and the email stating "should I deduct the groceries".
I doubt that is good enough. He could just claim the $300 was a gift or unrelated to the loan. Without a written repayment agreement, or getting him to admit it was a loan, I don't think your chances are very good.
 

BL

Senior Member
What is the name of your state (only U.S. law)? North Carolina

Before sharing the facts, please, I would like advice and need no shaming. I am embarrassed and humiliated enough. Thank you.

I discussed with a person a personal loan beginning in December. I did think this was a friend and knew his entire family. We continued discussion of amount and use and re-payment. He wanted tools to get some things made that he said would be sold within 60 days. He also added he would get his tax return in April which would be over 1800.00. Tools were ordered and put on my credit card and delivered to his address. The total he accrued was approximately 4000.00. (I did not know about the amount after the first 1500.00, but those details probably do not matter right now). The first purchase was made in late February. In mid April, he said he had filed his tax return. He also gave me some new clothing he had, he said this was part of re-payment, even though I said I did not want to have to sell the clothing to get some of my money back. He said hold onto it for now, the value of the clothing is probably 600.00. April 25th he called to say his return was being mailed on May 3, and that he would be giving me that check. I called and asked about that check several days later. He claimed he had not gotten it yet. I opened a bank account that has branches in his city (he is in a city 2.5 hours from mine) so that he could deposit the check. Still claiming he did not have the check yet, he did deposit over 300.00 into my account on May 8. He has since stopped calling, and has not returned calls. I sent him two emails regarding facts about the loan and requesting we set up a payment plan civilly. To one email he said "It was not a loan, it was a gift". His later email reply was "Should I deduct meals out and groceries?". I sent another email saying I was not asking for gas, groceries, work I did at his home, etc. I was requesting re-payment of the loan". Please, please advise. If I need to go ahead and file in small claims court, I would like to know how to prepare, and any other steps you can suggest. Thank you.
The bolded could very well matter ..

Did he use your card without permission ?
 

questions1

Junior Member
Personal loan/ Small claims Court

The initial purchases were done in February and I specifically asked him what he needed and we sat together at the computer and ordered the tools. This was less than 1500.00-it was actually closer to 1200.00. All of the tools were shipped to his home address-I have all of the invoices for this. Yes, he used the card number above the above amount without my permission, however, the company he ordered tools from said since my card had already been lined to his orders and verified, and I had not called to notify them differently, that he used the card. The only other things I can add would be that he did, from his cell phone post with eBay mobile to my eBay account some of the clothes that he gave to me as what he considered part of collateral. One additional thing might be a room mate of mine who heard him loudly over the phone when I received the card statement was him saying "don't worry, you are going to get your money back". I do not know that she is willing to get involved at all. Any suggestions on anything I could do would be greatly appreciated.
 

questions1

Junior Member
Personal loan/ Small claims Court

additionally, would a judge care that I opened a bank account that had only 25.00 just a day or two before he made his first re-payment by making a deposit into the account from his town?
 

swalsh411

Senior Member
I don't think you have much of a case since you have no repayment agreement or primissary note. You can certainly try though. Judges in small claims have wide lattitude to take evidence into consideration.
 

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