Small claims out of state

[Gruvytune]

What is the name of your state? New York

Hi. I loaned someone $900 so they can pay their rent. I paid the landlord directly. This person is in Broward county Florida. I hardly know him but I get a desire to help. I have emails and texts where he was to pay me back two weeks later after he sorted out his lost wallet.
He's on SSI.
After several weeks of not hearing I contacted him, he ignored me then when I reminded him I need my money he got belligerent abed threatening with crazy nonsense. It's now another month later and he finally got his card apparently but he is refusing to pay me saying I was harassing him about getting paid back.
He may be mentally ill.

I called the police down there re his threats/blackmail but they said I need to go to civil court.

Please, what's the best course of action being out of state? Their court clerk told me the plaintiff has to appear in person. No more zoom.

Thank you anyone that can take time to help. I'm on limited income and should never have been so "helpful".

T

 

[Zigner]

The money is gone. You'd have to travel to Florida to sue the guy and even if you won, you couldn't collect against him. In other words, you'd be throwing good money after bad.

 

[Gruvytune]

Really? What about criminal charges for threatening to "hurt me socially" if I keep asking for my money?
I hear you but isn't there any way to pressure him to honor his promise?

 

[LdiJ]

Really? What about criminal charges for threatening to "hurt me socially" if I keep asking for my money?
I hear you but isn't there any way to pressure him to honor his promise?

No, there really isn't. It is not a crime to threaten to hurt someone socially.

 

[zddoodah]

Please, what's the best course of action being out of state?

Honestly...you loaned money to someone whom you "hardly know" and who lives about 8 states and 900+ miles away. You'll never see a dime, so consider yourself fortunate that it was "only" $900.

That said, you certainly can sue this person in small claims court where he lives, but your time and expenses traveling to Florida to deal with the case will not be recoverable.

What about criminal charges for threatening to "hurt me socially" if I keep asking for my money?

That's not a crime, and you've already told us that the police won't get involved (not surprising).

isn't there any way to pressure him to honor his promise?

We have no way of knowing what sort of things might exert pressure on a person whose financial situation was/is so dire that he is receiving supplemental security income and had to borrow money from a person he "hardly knows." That said, you knew or should have known at the time of making this loan that the borrower was a BAD risk and that it would be geographically impractical to enforce the obligation to repay the loan.

 

[Gruvytune]

I appreciate the comments and I do know these things. Yes, wasn't the smartest move and he had likely done the same to others.
I wish there was a way to have someone there or here represent me without having to go there and sue. Just to be able to get a judgement.

 

[PayrollHRGuy]

I wish there was a way to have someone there or here represent me without having to go there and sue. Just to be able to get a judgement.

How do you think you would be able to "get a (sic)judgement" without suing even if you were in Florida?

 

[Zigner]

I wish there was a way to have someone there or here represent me without having to go there and sue. Just to be able to get a judgement.

There is - they even have a name for such a person. They call them attorneys (or lawyers). Of course, you'd be paying that person a ton more than what you could hope to obtain a judgment for, and as I said above, even if you GOT a judgment, you wouldn't be able to collect a dime. You can't get blood from a turnip.

I suggest that, in the future, you not loan any amount that you can't afford to never see again. Just imagine that the money you're sending is actually being tossed into a raging incinerator. Then, if you ever DO get paid back, it's a wonderful windfall to you.

 

[Zigner]

How do you think you would be able to "get a (sic)judgement" without suing even if you were in Florida?

The OP wants to be able to have someone else go there and sue on their behalf, saving the trouble of doing so in person.

 

[Gruvytune]

How do you think you would be able to "get a (sic)judgement" without suing even if you were in Florida?

The idea would be to sue

 

[LdiJ]

There is - they even have a name for such a person. They call them attorneys (or lawyers). Of course, you'd be paying that person a ton more than what you could hope to obtain a judgment for, and as I said above, even if you GOT a judgment, you wouldn't be able to collect a dime. You can't get blood from a turnip.

I suggest that, in the future, you not loan any amount that you can't afford to never see again. Just imagine that the money you're sending is actually being tossed into a raging incinerator. Then, if you ever DO get paid back, it's a wonderful windfall to you.

I am going to add a bit more of an explanation on the whole "you can't get blood out of a turnip" portion because hopefully it will make the OP understand the situation.

OP, when you have a judgment against someone you have to be able to collect that judgment. So, unless someone is willing to voluntarily pay you (which means that you wouldn't have had to sue them in the first place) you have to be able to collect. That means you have to be able to garnish their source(s) of income or their bank account, or be able to put levies/liens on their property.

The person you loaned money to is paying rent so they don't own their home so there is nothing to put a lien or levy against. In addition to that, the only debt that can be garnished from Social Security income is government debt, and even that cannot be garnished from SSI. Since he is on SSI that means you absolutely, under the law, may NOT attempt to garnish that income.

So, the bottom line is that you would have absolutely no means of collecting anything from this person, even if it cost you absolutely nothing to sue him and win. It won't cost you "nothing" to sue him and win, therefore you would be throwing good money after bad if you sued him.

 

[adjusterjack]

isn't there any way to pressure him to honor his promise?

Yes. But you'll end up in prison if you did it.

Kiss your money goodbye.

Put all the emails in a miniature coffin and have a little funeral in your back yard for it.

PS: Please send me $900. I'm a senior citizen on a fixed income and can't pay my bills due to the rising costs of living.

 

[Taxing Matters]

Really? What about criminal charges for threatening to "hurt me socially" if I keep asking for my money?

You reported that to the police, and they declined to pursue it. That's all you can do criminally. You can't pursue criminal charges yourself. The state has to do it.

I hear you but isn't there any way to pressure him to honor his promise?

Unfortunately in his situation it appears the answer is no. You'd need to sue him for the amount due, but to do that you'd have to go to Florida and sue him in the county where he resides. Your travel costs to do that are not something you can add to the judgment. So you might spend more than the judgment you'd get. And that, of course, is financially foolish. And then once you get the judgment, you have to collect it. SSI cannot be attached to collect any debt. Even the IRS cannot go after SSI payments. So unless he has other income or assets that are not protected from judgment creditors you'd have no way to collect. SSI is only awarded to those that have practically nothing, so that suggests that you'd not have any income or assets to go after.

Having a good heart and wanting to help others out is commendable. I just offer the suggestion that you never provide money to others that you cannot afford to chalk up as a loss if they don't pay you back. Otherwise you find yourself in situations like this one.

 

[not2cleverRed]

What about criminal charges for threatening to "hurt me socially" if I keep asking for my money?

Really?

Threatening to hurt you socially, meaning what? Threatening = hadn't done anything. Now, if Looneytune follows through, what would be your damages be? Would anyone find Looneytune credible? Would you lose $ (business) or have your personal relations damaged (spouse leaving you, friends shunning you) based on Looneytune's hypothetical malicious gossip? If not, then you have nothing. Looneytune isn't interested in cyberstalking you, I suspect. Looneytune just wants money with no strings, and is irritated that you don't get that. Looneytune will cease all contact with you if you don't give him $ and stop asking for repayment.

 

[Gruvytune]

Yes. Thx. I think he's mentally disabled. I do get all the basics of this and human behavior of a scamming thief. I was hoping there are effective ways to pressure someone to pay back a private loan a step under illicit options like hiring muscle.