Do I really need a lawyer for court?

[FAL]

In Jan of 2000 I loaned $500 to a guy that I had known for a few months and had recently started dating. In order for me to loan him the money I wrote him a check that charged my c/c. When I gave him the $ he said he would pay me within 4 weeks that way I wouldn't have any interest charged to me.(unfortuantly I did not get that in writting) We stopped seeing each other shortly after I loaned him the money (partly because I would not loan him another $500). I wrote numerous notes regarding the $ to this guy with no response, he left town for a while and he started and quit a few jobs. Once I was finally able to get intouch with this guy he agreed to start paying me in payments, he paid twice and then quit. Later I wrote him a letter and told him that if all of the money was not received by a certain date I would take him to court for the remainder of the $ plus the interest. He called and we set up a payment scheduale. It wasn't but a few weeks and only 2 pmts later that he gave me checks that were NSF. I called him and once again we agreed to a payment scheduale (less $ each week this time) but again I received checks that were NSF. In the past 1 1/3 yrs I have given him numerous chances to repay the money but I have only received $250. Also, I have written him numerous letters stating that I will take him to court for the remaining $ plus the interset it has cost me and all legal and court fees ( I also told him this on the phone and he never disagreed). I received a call from his attorney (I believe it is his immigration attorney and I believe the $500 I gave my ex was to pay this attorney to start his legalization paperwork) and he offered me $300 I said NO because the total is +$2500.00, he also asked me to send him copies of the documentation that I have I told him I was advised Not to do this. I have copies of every letter, check, money order, and a log of all calls. I have already filed suit and the date is in 2 weeks, does it sound like I need to have a lawyer go to court with me or could I do this myself? If I do need a lawyer what type of lawyer do I get and what kind of fee should I be paying them? Also, will the lawyers fee be something that I can add to the amount asked for? Can I ask for the $ I am am loosing because of the time I am having to take off work for filing and going to court? I am in Tennessee, PLEASE HELP!!!

 

[JETX]

Okay, you have finally quit 'playing games' and decided to get serious (you have FINALLY, after untold threats, actually filed suit against this deadbeat).

First, a question.... you loaned him $500 in Jan 2000. You say that he paid you $250.00, he offered you $300 to settle and you are now claiming $2500.00. Please explain!!!

Based on your message (and the documentation that you seem to have), you probably will prevail in your action, IF it is presented clearly and concisely to the court. You cannot ramble on about dating, immigration, spotty payments, etc. You only need to say, "I loaned $500 to "X" on (date). To date, he has repaid $250.00 in sporadic, irregular payments and has stopped any further payments. I have made numerous demands for payments. Please give me a judgment against him for the unpaid amount, plus interest, plus costs of court."

Assuming that you brought this action in Small Claims court, you do not need an attorney. Also, you will not be able to recover for time spent or lost work (that was your choice). You need to get ALL of your documents together, put them in a binder in chronological order and mark them so that you can find them quickly. Make two copies of your information, one for the court and one for the defendant. Then, offer each page as evidence when appropriate. If you are able to show the court that this money WAS a loan and that he owes on it, you should win. However, if he can show the court that it wasn't a loan (a gift) or that he has already paid it, he will probably win. It will all come down to YOUR presentation and evidence. The burden of proof of the loan and no-pay is yours.

 

[FAL]

Thank you for your response. The reason that I say he owes me $2500.00 is because that is how much interest I have incurred on the c/c that I used to loan him the original $500.00. I understand that I need to have 2 copies of all of my documentation for court, am I obligated to give the defendant his copies of the documents before the actuall court date or do I just bring them to court?

 

[JETX]

Did your initial agreement CLEARLY require him to repay the loan PLUS interest?? In re-reading your initial post, it appears that the only discussion was that by his repaying you within four weeks, YOU wouldn't incur interest, but there doesn't appear that there was any specific agreement that HE would pay interest (and at what specific percent). If both of you did not agree to interest or an interest rate, you probably will NOT be able to recover your interest. And even if you were able to, the responsibility would have been on YOU to mitigate your damages (by paying the 'loan' early to prevent HIS interest from being excessive). Finally, he can argue that the FIRST $500 in payments that you made on YOUR card, should have been for his loan... in which case he only owes you the accrued interest for a very short time. See, the problem is that YOU cannot decide unilaterally that the outstanding balance is HIS and not yours.

As to providing documents, you do not have to provide them before the trial UNLESS they are subpoena'ed by him.

 

[FAL]

FYI - I went to court last week and the outcome was great. I was awarded the remaining money that he owed me, a substantial amount for interest, and all costs. I am very pleased!!! The defendant (the deadbeat) has 10 days to make restitution and if I have not received payment in 10 days I can (and will) have his wages garnished.

 

[JETX]

Congratulations.

More advise: RESIST all urges to contact what is now the 'judgment debtor' until the EXPIRATION of the appeal period. Numerous cases have been lost due to the creditor (you) contacting the debtor and making demands for payment or taunting him/her. This serves NO benefit, and has a serious liability of causing the debtor to become more agitated and "#()$ed OFF", enough to where the do file an appeal. Repeat, DO NOT CONTACT HIM!!!

Then, after the clock has tolled and the judgment is final, you can contact him as needed to attempt enforcement of YOUR judgment.

Let us know how this is going....

 

[FAL]

Yesterday in the mail I received notification that the defendant has filed an appeal. How is it that he can file an appeal when at the first hearing he did not even enter the courtroom. I didn't even think he or his attorney showed up until after the hearing and I left the courtroom and I saw him standing in the hall. I am not sure as to why he filed this appeal, all I can think of is it is because I cashed 3-4 checks that I was holding until after court. What I received from the courts was the remaining 250 that he owed plus 250 for interest (I refigured the interest that I had originally figured and my formula was wrong) plus costs (court cost is what I assumed it is). I guess my question is HOW/WHY can he file an appeal when he didn't even show up the first time??? This makes 3 days I will have had to take off work and what I am getting in the courts is less that the pay I am missing. Should I just give up on the whole thing? (and he gets away without repaying his debt) Should I call his attorney to see why this appeal was filed?

 

[JETX]

Each of us has the right to file an appeal if we feel that the findings of the court were not in accordance with the law, or in some Small Claims cases, an appeal requires NO basis in law.

The appellant (party filing the appeal) will need to present evidence or testimony to the court as to why they feel an the court should grant their request.

Also, in your case, you apparently received a default judgment (Defendant wasn't at trial). This means that the defendant may be claiming that he wasn't properly served with notice of the suit and that 'failure' (or some other valid reason) prevented him the right to defend himself from your claim.

In either case, he will have to prove to the court. And since you don't know what way the court might rule, be prepared to re-present your case in the event the court grants a new trial.

 

[FAL]

I called down to the courthouse yesrterday to find out the date for the appeal and I was told that they are so backed up that it normally takes 9-12 monthes for the appeal to be heard. It is obvious to me that his attorney told him to file the appeal since he does not have the money to pay the judgement. My question is what happens if he ends up having to leave the country (he is from Venezuela)? I know that once his divorce was final he was having a lot of trouble with getting permanent residency in the US. Also, since the lawyer he is using for his legal status and for the appeal is one in the same is he (the lawyer) obligated to inform me or the courts if the defendant does end up having to go back to Ven.?

Remember, I am in TN.

 

[JETX]

You might want to call the court and advise them of your concerns of 'flight' by the Apellant/Defendant (and his assets). In some states, they allow pre-trial garnishment of property to protect you in the event that he flees jurisdiction.

Further, some jurisdictions require the Appellant to post a bond or other surety to ensure their intention to appeal. Ask if your court requires a bond.

For your other question, the attorney handling the case SHOULD notify you if his client is no longer available, but usually doesn't. And even if he did, the defendant will already be out of reach of the court.


[Edited by Halket on 06-06-2001 at 03:12 PM]