Lent money to "Friends"

[jlw1000]

I let $9,500 to a couple. We had a signed contract and their car is used as collateral on this loan. Since then this couple has split up. They have not given me the title to the car, in spite of numerous promises on their part to do so (it's been 2 months). The 2nd payment that was due was only a partial payment. Each is blaming the other regarding why the payment was not made in full.

I have made appointments with this couple to get the car title and the rest of the payment, only to be stood up. I am planning on filing in small claims court tomorrow.

I believe these people took advantage of me, and lied to fraudulenty obtain this loan. Can I pursue this matter criminally? Also, once I file in small claims court can I force the sale of this car immediately as well as wage attach? I also wanted to know if there was a way to garnish any tax returns they may receive (she claims head of household and gets back an average of $4,500 a year)?

I just want to collect my money as quickly as possible, the "friendship" is not worth this kind of loss! I have given them the benefit of the doubt for TWO months, and have been lied to more times than I can count and just don't trust them anymore.

 

[I AM ALWAYS LIABLE]

I let $9,500 to a couple. We had a signed contract and their car is used as collateral on this loan. Since then this couple has split up. They have not given me the title to the car, in spite of numerous promises on their part to do so (it's been 2 months). The 2nd payment that was due was only a partial payment. Each is blaming the other regarding why the payment was not made in full.

I have made appointments with this couple to get the car title and the rest of the payment, only to be stood up. I am planning on filing in small claims court tomorrow.

I believe these people took advantage of me, and lied to fraudulenty obtain this loan. Can I pursue this matter criminally? Also, once I file in small claims court can I force the sale of this car immediately as well as wage attach? I also wanted to know if there was a way to garnish any tax returns they may receive (she claims head of household and gets back an average of $4,500 a year)?

I just want to collect my money as quickly as possible, the "friendship" is not worth this kind of loss! I have given them the benefit of the doubt for TWO months, and have been lied to more times than I can count and just don't trust them anymore.

My response:

Is your State name a secret ?

Why is it that most everybody who asks for advice can't follow simple directions of this forum ?

Aren't the RED words big enough ?

IAAL

 

[jlw1000]

Sorry, I meant to mention it the beginning of the post: Delaware is the state.

Dealing with these deadbeats/conartists has been stressful to say the least, and is having and adverse effect on my health/sleep. So you'll have to forgive a little slip.

 

[I AM ALWAYS LIABLE]

Sorry, I meant to mention it the beginning of the post: Delaware is the state.

Dealing with these deadbeats/conartists has been stressful to say the least, and is having and adverse effect on my health/sleep. So you'll have to forgive a little slip.

My response:

The Justice of the Peace Court, in Delaware, is the initial entry level into the court system for most citizens, have jurisdiction over civil cases in which the disputed amount is less than $15,000. In criminal cases, the Justice of the Peace Court hears certain misdemeanors and most motor vehicle cases (excluding felonies) and the Justices of the Peace may act as committing magistrates for all crimes. Appeals from the Justice of the Peace Court may be taken to the Court of Common Pleas. Over one-half of all cases are disposed of rapidly at theJustice of the Peace Court level without further impact on the remainder of the judicial system.

Also, click on this URL and click on everything and read everything:
http://courts.state.de.us/jpcourt/html/hours.htm

Good luck to you.

IAAL

 

[jlw1000]

IAAL--I already checked out the website you listed earlier today. I even completed the form to start the civil suit. The website did not seem to answer any of the following questions:

I believe these people took advantage of me, and lied to fraudulenty obtain this loan. Can I pursue this matter criminally? Also, once I file in small claims court can I force the sale of this car immediately as well as wage attach? I also wanted to know if there was a way to garnish any tax returns they may receive (she claims head of household and gets back an average of $4,500 a year)?

Does anyone know the answers?

 

[I AM ALWAYS LIABLE]

IAAL--I already checked out the website you listed earlier today. I even completed the form to start the civil suit. The website did not seem to answer any of the following questions:

I believe these people took advantage of me, and lied to fraudulenty obtain this loan. Can I pursue this matter criminally? Also, once I file in small claims court can I force the sale of this car immediately as well as wage attach? I also wanted to know if there was a way to garnish any tax returns they may receive (she claims head of household and gets back an average of $4,500 a year)?

Does anyone know the answers?

My response:

Unless you have some sort of rock-hard proof, you won't be able to prove Criminal intent for fraud, nor will you be able to prove "malice" in a Civil action. The best you can hope for, and that you should be happy with, is proof that they breached your contract.

Once you win, you'll be able to have the Sheriff serve their bank with a Writ of Execution. You'll be able to have their car(s) taken and sold off, and you can obtain a Writ of Garnishment on wages.

You can get all the particulars and specific procedures for the above, and everything else, by going to your local, and larger bookstore, buying and reading carefully, a "How To" book on this subject.

Good luck to you.

IAAL