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Should I sue?

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farbods0

Junior Member
Okay so I lent my former friend back in November my ps3 bundle games accessories controllers everything for a weekend. I kind asked for it back and when he said ill just buy it off you I said okay thats fine by me. We both settled on a price of $400 for the whole bundle. Now with me asking him every week for the money he says oh ill give it to you dont worry. 2 months pass by and I ask for it back and he sells it behind my back so that he can move out of his parents house and pay for his rent. Now i've threatened to sue him because its been 4 months and still no pay. We just recently agreed to do a small payment every week of $50 until it gets to the $400. Now he's only paid me $100 of that and has skipped 3 weeks and is saying that he has no job and has to pay rent and has no way of paying me back.
Now my question is should i sue him in a small claims court or is it just not worth the hassle? Its a $75 fee to file it i know that so ill be losing money this way but if i do sue him i know for sure he will pay me back.

I dont care about losing the friendship because he's taking advantage of me and ive been reasonable and im sick of it and just want to get this over with
 
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Proserpina

Senior Member
farbods0 said:
Okay so I lent my former friend back in November my ps3 bundle games accessories controllers everything for a weekend. I kind asked for it back and when he said ill just buy it off you I said okay thats fine by me. We both settled on a price of $400 for the whole bundle. Now with me asking him every week for the money he says oh ill give it to you dont worry. 2 months pass by and I ask for it back and he sells it behind my back so that he can move out of his parents house and pay for his rent. Now i've threatened to sue him because its been 4 months and still no pay. We just recently agreed to do a small payment every week of $50 until it gets to the $400. Now he's only paid me $100 of that and has skipped 3 weeks and is saying that he has no job and has to pay rent and has no way of paying me back.
Now my question is should i sue him in a small claims court or is it just not worth the hassle? Its a $75 fee to file it i know that so ill be losing money this way but if i do sue him i know for sure he will pay me back.

I dont care about losing the friendship because he's taking advantage of me and ive been reasonable and im sick of it and just want to get this over withWhat is the name of your state (only U.S. law)?
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Well, if you're absolutely sure - as in you have it guaranteed in stone - that you can collect...then by all means, sue him in small claims court.

But if he refuses to pay (as is often the case, particularly with smaller amounts), what are you going to do? Getting the judgment is the easy part, most oftentimes. Collecting is - unfortunately, because many people end up getting screwed in this manner - the hard part.

If he has no job, you can't garnish. (That assumes that your state allows for wages to be garnished - some don't, outside of very specific examples)

It's honestly your call, OP.
 
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Proserpina

Senior Member
farbods0 said:
Theres nothing the courts can do to get my money back? So i could basically lose $400
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What happens is that you sue him. The court will then, if you can prove your case, make a decision (judgment) in your favor.

What the court won't do is help you collect. That's up to you.

However, judgments do last quite a long time - you have years to enforce the judgment.

Again, this is really up to you :)
 
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Banned_Princess

Senior Member
farbods0 said:
Okay so I lent my former friend back in November my ps3 bundle games accessories controllers everything for a weekend. I kind asked for it back and when he said ill just buy it off you I said okay thats fine by me. We both settled on a price of $400 for the whole bundle. Now with me asking him every week for the money he says oh ill give it to you dont worry. 2 months pass by and I ask for it back and he sells it behind my back so that he can move out of his parents house and pay for his rent. Now i've threatened to sue him because its been 4 months and still no pay. We just recently agreed to do a small payment every week of $50 until it gets to the $400. Now he's only paid me $100 of that and has skipped 3 weeks and is saying that he has no job and has to pay rent and has no way of paying me back.
Now my question is should i sue him in a small claims court or is it just not worth the hassle? Its a $75 fee to file it i know that so ill be losing money this way but if i do sue him i know for sure he will pay me back.

I dont care about losing the friendship because he's taking advantage of me and ive been reasonable and im sick of it and just want to get this over with
Click to expand...
no, the court is not going to collect the money for you, they are simply confirming he owes you the money.

so go ahead and sue him, then wait for him to have the money and ask some more about it.

there are people who will never no matter what pay a judgment.

and you cant record it on his credit, unless you are a member of the credit agency, and 475$ isn't even enough to sell to a collection company, unless you will take 9cents on the dollar.
 
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Banned_Princess

Senior Member
farbods0 said:
Also he pays rent so he is obviously getting some money somehow
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but you cant MAKE him give you the money. you cant stick him up, and go through his pockets,, or intercept his rent or food shopping.

he doesn't own a home so you cant put a lien on his property, I don't think you can get his pay (if any) garnished. your not a member of the credit reporting agency, so you cant report it on his credit (like he will care)


the only good thing about the judgment is it can be good for 20 years, if you renew the judgment periodically.

he may, someday have some money, and if that was the case, he would have paid you.

and once you sold it to him he was free to sell to someone else.

you got legally jacked. I'm sorry.
 
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