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Borrowered money to a friend. No signed note.

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Samm1970

Member
What is the name of your state?What is the name of your state? Minnesota

I borrowered $45K to a friend to bail him out of a cash flow crisis. He's the co-owner of a restaurant and according to him his credit card vendor was not turning the cash around fast enough when his patrans paid by credit card. He had state taxes due and would lose his liquor license if not paid by a particular date. He assured me the cash flow crisis would be resolved within 5 days and would repay the debt at that time. That was 5 months ago. Since then it came to light that he's been cheating on his wife and 4 children. He's been spending money like a king and hiding his activities from his wife. Meanwhile, his wife has been checking couch cushions for nickels to buy groceries. It's been 5 months and I've been payed $15K with $30K remaining.

So my questions are these:

With no written agreement do I have recourse?

Did I borrower money to him or his company? (The check was made payable to the State of MN for payment of the restaurants taxes. The co-owner of the restaurant, his brother, was aware of the agreement. With his financial problems it's probable he'll file person bankruptcy. I believe the restaurant will servive.)

If I've exhausted all of my efforts would I be violating defamation laws if I were to go to the media with the information I know about the cheating brother. (The idea of course would be to cause people to stop frequenting a restaurant who's owner basically walks out on his 4 children.) I also thouht of placing flyers on the windshields of the patrans cars as they dined at the restaurant explaining the type of person they are supporting by frequenting this restaurant.

If this in violating laws, what proof is required so that it doesn't, if any?

Signed,

Sucker
 


racer72

Senior Member
I borrowered $45K
You borrowed money for a friend. Or did you loan money to this friend?
Please clarify, the definition of the two words (borrowed, loaned) mean 2 completely different things.
 

ENASNI

Senior Member
um

racer72 said:
You borrowed money for a friend. Or did you loan money to this friend?
Please clarify, the definition of the two words (borrowed, loaned) mean 2 completely different things.

Methinks english is the second language here... he loaned it to the cheating restauranteer...
Its too much money for small claims court isn't it?
 

racer72

Senior Member
ENASNI said:
Methinks english is the second language here... he loaned it to the cheating restauranteer...
Its too much money for small claims court isn't it?
Yes it is a bit too much for small claims. He should be talking to an attorney, not posting hard to decipher questions here.
 

Samm1970

Member
Excuse me, I "lent" money to a friend. I'm the lender or the obligee and the friend is the borrower or obligor to the oral contract as opposed to verbal contract. Beat up a lot in school were we? Police force wouldn't accept yah? By the way, it's "restauranteur" not restauranteer.
 

ENASNI

Senior Member
Well Sam I Am

Samm1970 said:
Excuse me, I "lent" money to a friend. I'm the lender or the obligee and the friend is the borrower or obligor to the oral contract as opposed to verbal contract. Beat up a lot in school were we? Police force wouldn't accept yah? By the way, it's "restauranteur" not restauranteer.
Thanks for pointing that out...

Thats all folks...

I don't like it when people are rude when I am trying to help...
 

Samm1970

Member
I'm sorry Enasni. If the roles were reversed I'd probably just reply with "touch'e".

I'd probably realize that pointing out someones misuse of a word when they're dealing with a real life issue might be viewed by that person as rude, insincere and pedantic.

I'd probably expect them to reply with a similar sort of quip or sarcastic reply. People tend to do that sort of thing when they're beginning to realize they have probably just lost $30,000 not to mention their best friend of 13 years and their other best friend (the wife) is being faced with the reality of having to raise 4 small children on welfare because her husband (the aforementioned best friend) has been cheating on her and snorting all their money up his nose.

But, that's just me.
 

ENASNI

Senior Member
um whatever.

Samm1970 said:
What is the name of your state?What is the name of your state? Minnesota

I borrowered $45K to a friend to bail him out of a cash flow crisis. He's the co-owner of a restaurant and according to him his credit card vendor was not turning the cash around fast enough when his patrans paid by credit card. He had state taxes due and would lose his liquor license if not paid by a particular date. He assured me the cash flow crisis would be resolved within 5 days and would repay the debt at that time. That was 5 months ago. Since then it came to light that he's been cheating on his wife and 4 children. He's been spending money like a king and hiding his activities from his wife. Meanwhile, his wife has been checking couch cushions for nickels to buy groceries. It's been 5 months and I've been payed $15K with $30K remaining.

So my questions are these:

With no written agreement do I have recourse?

Did I borrower money to him or his company? (The check was made payable to the State of MN for payment of the restaurants taxes. The co-owner of the restaurant, his brother, was aware of the agreement. With his financial problems it's probable he'll file person bankruptcy. I believe the restaurant will servive.)

If I've exhausted all of my efforts would I be violating defamation laws if I were to go to the media with the information I know about the cheating brother. (The idea of course would be to cause people to stop frequenting a restaurant who's owner basically walks out on his 4 children.) I also thouht of placing flyers on the windshields of the patrans cars as they dined at the restaurant explaining the type of person they are supporting by frequenting this restaurant.

If this in violating laws, what proof is required so that it doesn't, if any?

Signed,

Sucker

I don't know if you have two personalities or what, but the person who wrote borrowered and the person who is writing pedantic does not seem like the same person.

If the real Samm 1970 will please stand up... and maybe tell what kind of paper trail there is...
Like how the money was transferred? Not the initial check that was said.
How the first 15k was paid back? paper paper paper
Then someone here maybe able to point you in the right direction...
Watch the 'tude...
and I was not the one that pointed out the misuse of the words... and if you read the initial post it does not sound like the person has a grasp of the english language.

I'm done here... good luck
 

Samm1970

Member
And for the record, my sarcastic reply was really directed at racer but dammed if I could find a spelling or grammatical error in his reply. It just wouldn't have packed quite the same wollup or been as ironical if I hadn't pointed out your mispelling.

Hopefully no hard feelings.
 

Samm1970

Member
Samm is a very busy guy who didn't realize he was being graded on grammar and chose to whip out his questions in the interest of time, all the while reeling over the fact that he had already typed a more clearly worded post that had somehow been deleted.

Samm is also a guy who realizes he could have spent a bit more time typing his question so that it was a bit more intelligable and he probably would have saved himself and those he was seeking help from a lot of time and may have some of the answers he's looking for.

This is my way of apologizing.

If you're still interested. The $45,000 lent was a cashier check made payable to the state of MN. The cashier check was directly from my personal bank account.

The repayment checks were paid in two installments. The first being a regular check from the restaurant itself for $15,000. The second being a cashier check or certified funds check from the restaurant for $5,000.

By the way, there were two other attempts at payment. A $20,000 restaurant check that bounced and another $5,000 restaurant check that bounced.

Hope you're not reeling so much that you're no longer willing to help. I could sure use it.
 

Samm1970

Member
I'm sorry. Correction to my last post. The first check was for $10,000.00. Not $15,000.00. It's true...haste does make waste.
 

Samm1970

Member
I actually just thought of something. The two checks that bounced, the $20,000 and the $5,000 are prima facia evidence that a debt was owed. Isn't that right? Whether or not the lack of a written contract is an issue or not, the checks make it a mute point. Will anybody who can look past my sarcasm and bad attitude confirm this for me? I am usually a pretty nice guy. It's just been a tough couple of days having realized what a complete loser my so-called best friend is. We just buried my mother-in-law 3 weeks ago too if the rest isn't enough to get some sympathy. It's been a bad year so far.

Please, please, please!!!!
 

Samm1970

Member
I left a message for an attorney I know who represents Checkrite of MN, a check collection agency. He oughta be able to help me with this. Sorry again for my bad attitude. Say hi to Homeguru for me. Not sure if he'll remember me but I used to post to this website back in around 2002. I'd reply to people that had mortgage related questions. I know, a mortgage banker who misued "borrow/lend".

But hey, if you need a good mortgage lender......just kidding.
 

ENASNI

Senior Member
This was where I was getting to

Samm1970 said:
I actually just thought of something. The two checks that bounced, the $20,000 and the $5,000 are prima facia evidence that a debt was owed. Isn't that right? Whether or not the lack of a written contract is an issue or not, the checks make it a mute point. Will anybody who can look past my sarcasm and bad attitude confirm this for me? I am usually a pretty nice guy. It's just been a tough couple of days having realized what a complete loser my so-called best friend is. We just buried my mother-in-law 3 weeks ago too if the rest isn't enough to get some sympathy. It's been a bad year so far.

Please, please, please!!!!

Well I thought if you could use the word PEDANTIC in a the right context you might come up with this on your own..
Thank you for the apology..
Good luck.
Sorry for your loss... Usually people do the Happy Happy Joy Joy dance when they don't have to speak to their MIL anymore ;)
But really, sorry for your loss.

Again... good luck.
 
Last edited:

Veronica1228

Senior Member
Samm1970 said:
And for the record, my sarcastic reply was really directed at racer but dammed if I could find a spelling or grammatical error in his reply. It just wouldn't have packed quite the same wollup or been as ironical if I hadn't pointed out your mispelling.

Hopefully no hard feelings.

By the way, "ironical" is not a word. The word you were looking for is ironic.
However, I find it ironical that you made up your own word while beating down ENASNI about the English language!!! :D
 

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