Loaned $1000 - Threatens to "Quash" Warrant/Refuse Court

[Moofies]

I live in Washington State.

Last year in April I loaned my downstairs neighbor-friends $1000 to help them pay off their rent debt so that they would not be evicted. I was told they would pay me $100/week until it was paid off. I made it clear I needed it paid off in full by August.

Obviously since I'm here that didn't happen.

I have proof of the agreement on the money transaction note as well as via text messages where the person I lent the money to acknowledges our arrangement, the amount they owe, and agreeing to pay it back by August of 2022. She did pay $200 back before stopping efforts in July of last year. I also have text of her acknowledging she (then) owed me a remainder of $800. They (her household) are all employed and have income. They have completely ignored me since December.

Anyways, recently, a different neighbor had been talking with them and told me that in July their household is moving to Maine after going to Disneyland. During that conversation she asked them if they were planning on paying me back and according to her, the person I lent the money to directly, freaked out on her and told her, "Let her sue me then, good luck with that. I won't be showing up to court. She isn't the first and only person I've owed money to and when a warrant is put out for me I'll just pay to squash it and she (me) will just spend more money than it's worth to sue me." (I sort of think she isn't bluffing when it comes to not showing up, because I'm almost positive she doesn't have valid I.D. as she drives without a license and has never obtained one.)

Naturally I'm a little confused. As far as I'm aware, there's no such thing as a warrant being put out in a small claims court? I think she's out of her mind frankly, but I digress. I'm not looking to get her arrested, but I'm definitely hoping to get at least some, if not all, of my money back.

Anyways, I know where to get started and I feel confident in following the proper steps to get this going, but I do have some questions I was hoping maybe some of you guys might be able to help answer for me or point me in the right direction.

1. Can I name her roommates along with her when I go to small claims court since they money was for all of them to make rent?

2. If so, is it worth it? The reason I ask is because I know she doesn't care about her credit but out of the 7 adults living there I would wager at least one of them does care.

3. If and when they move, am I still able to pursue small claims court against her? If so, how does that work? Will it be here in the county I file, or what? If I file before they move, and they move, what happens then? I'm confused on how this scenario might look.

4. Can I figure out all the costs for small claims, serving, collection costs, etc., and include that in my initial claim? (Particularly the debt collection estimate, as I will only be able to pay for that after a ruling.)

5. If judgement were in my favor (which I can't see why it wouldn't be,) what or who determines how the money is collected? I'm a little fuzzy on these details. I know I can hire a debt collection agency to try and collect, but I also read information on asset seizure (doubt that's an option for around a grand anyways and is likely not worth it?) but I also read about garnishing wages. Do I decide which method to collect or does someone else? I am almost certain the only way I'll get anything back is by garnishing wages. Can anyone give me insight to how this part works?

6. Can anyone here recommend a trusted background checking website that can show me court records? I'd like to look them all up because I have a feeling this isn't the first time they've ripped off someone.


As always, I appreciate this forum and all of the people who strive to help point people in the right direction.

 

[LdiJ]

Realistically? You can take her to small claims court. You can get a default ruling against her (because you probably won't even get a court date before she moves) but once she is out of state? Your odds are slim to none of ever collecting from her and slim has left the building. You can't sue her roommates because they were not a party to the loan. Whether you want to go ahead and get the judgment against her anyway, just in case you are ever able to collect, would depend on how much it costs to file that kind of suit in your state, and whether or not you are willing to throw that amount of money basically away.

You can sell the judgment to a collection agency but you would get pennies on the dollar and maybe not enough to cover your court costs.

 

[Moofies]

Realistically? You can take her to small claims court. You can get a default ruling against her (because you probably won't even get a court date before she moves) but once she is out of state? Your odds are slim to none of ever collecting from her and slim has left the building. You can't sue her roommates because they were not a party to the loan. Whether you want to go ahead and get the judgment against her anyway, just in case you are ever able to collect, would depend on how much it costs to file that kind of suit in your state, and whether or not you are willing to throw that amount of money basically away.

You can sell the judgment to a collection agency but you would get pennies on the dollar and maybe not enough to cover your court costs.

Thank you for your opinion and thoughts.

Out of curiosity, do you know what she was talking about as far as saying she'd quash a warrant? That really took me by surprise. I couldn't find any information on warrants being served over small claims court rulings.

I know she works and will pick up a job (if not transfer) once they move. What about wage garnishment?

I realize the amount owed at this point is on the fence of whether or not it is worth it, that's why I'm trying to explore my options and weigh my decisions before diving in to something I'll regret even more.

I am quite sad about it all to be honest and generally I'm not a very confrontational person at heart, but part of me wants some semblance of justice even if it means I eat a little more money just to have it be placed on her record because I'm pretty mad about it all. Nobody likes debt collectors, even people like her. (Heck, if you look at my history here, you'll see my long battle with one!)

 

[Moofies]

Also, forgive my lack of knowledge, but if the loan was intended for them all and agreed upon by them all, wouldn't they be party to it? They all discussed it and agreed to it before I sent her the money. I have a neighbor witness who was there when that discussion took place the day I wired the money, for what that is worth.

 

[adjusterjack]

Can I name her roommates along with her when I go to small claims court since they money was for all of them to make rent?

You "can." But she's the one you have the agreement with. If you do it, you take a chance on making the judge unhappy.

If so, is it worth it?

Only you can decide that.

If and when they move, am I still able to pursue small claims court against her?

Yes. But you'll have to do it where she ends up living. That may involve travel and lodging costs depending on how far and you don't get that money back.

If I file before they move, and they move, what happens then?

They likely just won't show up and you should be able to get a default judgment.

Can I figure out all the costs for small claims, serving, collection costs, etc., and include that in my initial claim? (Particularly the debt collection estimate, as I will only be able to pay for that after a ruling.)

You get your court fees and process service fees. You can't include an "estimate" for debt collection. You have to incur them after you get a judgment.

If judgement were in my favor (which I can't see why it wouldn't be,) what or who determines how the money is collected?

You do. The how you can find out at:

Small Claims Court | Washington State

And your local court's website.

Can anyone here recommend a trusted background checking website that can show me court records? I'd like to look them all up because I have a feeling this isn't the first time they've ripped off someone.

You can do that yourself on your court website. There should be a case search feature. Won't matter. Prior cases can't be used against them.

do you know what she was talking about as far as saying she'd quash a warrant?

No, and neither does she. She's just blowing smoke up your butt.

What about wage garnishment?

If you can somehow find her and find out where she works you can file for wage garnishment. You can also file for a bank account levy if you can find one.

Also, forgive my lack of knowledge, but if the loan was intended for them all and agreed upon by them all, wouldn't they be party to it? They all discussed it and agreed to it before I sent her the money. I have a neighbor witness who was there when that discussion took place the day I wired the money, for what that is worth.

List them all if you want to. No guarantees as to how that turns out.

I know $1000 is a lot of money for you but count your blessings that it wasn't more. There's an old saying: "I cried because I had no shoes, until I met a man who had no feet." Well, meet the man who lost his feet (metaphorically).

First time in small claims lawsuit - loaned $7,000 and ghosted | Forum.FreeAdvice.com

 

[Moofies]

Thank you @adjusterjack. That was very informative and helpful and I appreciate it very much. I think if I do decide to go this route, I'm going to do it this month before they move and just sell the debt. You do bring up a good point that it could have been worse.

As for the background check stuff, I was merely curious to see if there has been problems like this in the past, but I wasn't intending to use it in my case in any way. More of a satisfying my curiosity and attempt to help me decide what I'm going to do. I try to be reasonable though and admit that maybe I'm only torturing myself with this more than I should be. I have a lot to consider.

I'm glad I asked here first, as I've received a lot of misinformation from family and friends. Thank you for indulging a few what-if scenarios with me and clarifying some things for me.

 

[Zigner]

I know that the option of selling the debt to a collector was mentioned above, but the likelihood that you will find any debt collector willing to buy it for anything more than a few dollars (literally) is virtually nil. Furthermore, most debt collectors will only pay you after they collect. Frankly, you're unlikely to ever see a penny from the deadbeat, with or without a judgment.

 

[Moofies]

I know that the option of selling the debt to a collector was mentioned above, but the likelihood that you will find any debt collector willing to buy it for anything more than a few dollars (literally) is virtually nil. Furthermore, most debt collectors will only pay you after they collect. Frankly, you're unlikely to ever see a penny from the deadbeat, with or without a judgment.

That's unfortunate but I appreciate the reality check none the less.

I guess at this point I need to decide if I want to throw a bit more money at it on principle and just hope for the best (like maybe she'll just cough it up with the idea of impending court and potential debt record) and have some small satisfaction that it'll be on her record even if I eat it all, or let it go entirely and move on with my life. Selling the debt would only be to stick it to her more than getting my money back at this point.

I think my best option after weighing in here is to give myself a couple days to think about it. I never did want to be one of those people who are overly litigious, but if I'm being honest with myself, I knew a long time ago when the payments stopped they weren't going to pay me back. The loss of friendships over this hurts more than the money that's aleady long gone.

A hard lesson but one I won't forget.

 

[adjusterjack]

have some small satisfaction that it'll be on her record

There's that, of course. I had rentals a long time ago and had to sue tenants occasionally, knowing I'd never see the money but that the judgment would follow them around for 20 years and someday do them some damage if they wanted credit for something.

 

[zddoodah]

Can I name her roommates along with her when I go to small claims court since they money was for all of them to make rent?

You CAN NAME anyone you want, including Clint Eastwood and Joe Biden. However, you only have legal basis to sue the person who borrowed the money.

If and when they move, am I still able to pursue small claims court against her? If so, how does that work? Will it be here in the county I file, or what? If I file before they move, and they move, what happens then?

Suing a non-resident for such a small debt will inevitably be an exercise in futility. However, the borrower is apparently still a resident of your state, so why wait. If the defendant doesn't show up or otherwise respond, you'll likely get a default judgment. Whether you'll be able to enforce a judgment against this person is anyone's guess.

Can I figure out all the costs for small claims, serving, collection costs, etc., and include that in my initial claim?

I have no reason to believe you lack this ability.

If judgement were in my favor (which I can't see why it wouldn't be,) what or who determines how the money is collected?

You do. The most common means of enforcing civil money judgments against individuals are wage garnishment and bank levy.

I am almost certain the only way I'll get anything back is by garnishing wages. Can anyone give me insight to how this part works?

Google "washington state wage garnishment."

Can anyone here recommend a trusted background checking website that can show me court records? I'd like to look them all up because I have a feeling this isn't the first time they've ripped off someone.

So what if you find out the answer is yes...how is that going to help you? Don't waste your time on such things, and don't throw good money after bad.

if the loan was intended for them all and agreed upon by them all, wouldn't they be party to it? They all discussed it and agreed to it before I sent her the money. I have a neighbor witness who was there when that discussion took place the day I wired the money, for what that is worth.

Do you have evidence of everyone of them expressing to you a desire to borrow the money?

 

[Moofies]

Hi @zddoodah, thanks for your time.

Regarding, "Can I figure out all the costs for small claims, serving, collection costs, etc., and include that in my initial cclaim" I wasn't doubting my ability to do this as much as I was wondering if I could include those in my claim in a worthwhile manner. Which was answered already and now I know the answer.

I realize I can name anyone in the claim, but I was trying to get a feel if in my specific case it would hold water. So far as I can tell it's a hard maybe. I have a witness to them all deciding to borrow the money from me and saying they'd all chip in to pay me back. She was there when this was discussed and would back me up on it. As far as verbal agreements go with a witness in WA and if it'd hold up, who knows. I'd have to look it up. Probably not worth it given the information I now know.

The reason I asked about the out of state stuff was to find out exactly what was answered here earlier. So you're absolutely right, I wouldn't wait.

As for the background stuff and figuring out if the answer is 'yes' well that could potentially change my mind on if I bother to try and pursue garnishing her wages since I'd likely be competing with other older debt collections, right? But after considering everything everyone else has weighed in that's probably not what I'm going to do anyways. You do have a good point though.

Many of these questions are just me exploring my options and getting some input along the way. Appreciate your time.

 

[LdiJ]

Hi @zddoodah, thanks for your time.

Regarding, "Can I figure out all the costs for small claims, serving, collection costs, etc., and include that in my initial cclaim" I wasn't doubting my ability to do this as much as I was wondering if I could include those in my claim in a worthwhile manner. Which was answered already and now I know the answer.

I realize I can name anyone in the claim, but I was trying to get a feel if in my specific case it would hold water. So far as I can tell it's a hard maybe. I have a witness to them all deciding to borrow the money from me and saying they'd all chip in to pay me back. She was there when this was discussed and would back me up on it. As far as verbal agreements go with a witness in WA and if it'd hold up, who knows. I'd have to look it up. Probably not worth it given the information I now know.

The reason I asked about the out of state stuff was to find out exactly what was answered here earlier. So you're absolutely right, I wouldn't wait.

As for the background stuff and figuring out if the answer is 'yes' well that could potentially change my mind on if I bother to try and pursue garnishing her wages since I'd likely be competing with other older debt collections, right? But after considering everything everyone else has weighed in that's probably not what I'm going to do anyways. You do have a good point though.

Many of these questions are just me exploring my options and getting some input along the way. Appreciate your time.

One more reality check on garnishing wages...

In order to garnish wages, you have to locate where she is living, then locate the place that she works (without any assistance from the courts or the government, you have to do it yourself) and then file the garnishment. Then, you have to hope that she doesn't quit the job as soon as she learns of the garnishment. So, the problem really isn't so much that there are other people in line. If she is living in another state you can't just follow her to work one day to see where she works.

 

[Moofies]

My ex-friend/neighbor ended up only moving a couple of cities away. Me and my family were the ones that ended up moving further away in the end.

Ultimately, I decided she wasn't worth the time and frustration. I decided to take the better advice offered here and consider it an important lesson learned. My anxiety thanked me a lot for it.