can i take someone to court if he agrees to pay me back a debt, but can't at the moment because he claims he is in financial hardship? a couple of years ago, this guy borrowed money from me and agreed to repay in monthly installments. i received only one payment, so far, but because he was in financial hardship, i did not sweat it too much. a few months ago, a different deal was broken and left us in bad terms, but he told me that he would pay me back the money he initially owed me after he gets the big irs refund he is expecting. well, it's been months after tax season and he still has not paid me back. he seems to be always too busy to talk to me everytime i contact him, and he said he will call me, but has never done so. he tells other people that he's barely making enough money, but in the past, he gave the same excuse but seemed to have enough to spend on unnecessary things (like a performance car intake, etc.). will his excuse prevent me from getting a "writ of execution"?