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TemptationTammie · 03-12-2015, 08:51 AM

Is it worth it to take someone to small claims court?
I ended up loaning some money to a previous client that I ended up briefly dating. We broke up and he is refusing to answer when I ask for the money back. If it was only 2 or 300, I'd walk away, but this was closer to 1000 over the holidays. He didn't know this, but I put my electric and car pymt on hold to help him out. I ended up in a slump after giving him the money and my bank account went negative and had electric shut off.
He knows this happened yet will not speak to me or make payment arrangements in any way. Is small claims court worth the hassle? Or is there another option?
Please PM me with any advice.

I've already been kicking myself for trusting him to pay me back.

TownCryer · 03-12-2015, 12:35 PM

I see the problem is collecting on the judgement. I had a victory in a court case in the 90's, but I was only able to get any money was to attach the property he owned. If there is no resources, then collecting is very difficult. Good Luck

TemptationTammie · 03-12-2015, 01:44 PM

I've tried talking to the guy in question, but he is ignoring. But I haven't filed in small claims court as of yet. I was wondering if it would even be worth it or if anyone has any suggestions.

Texasquest · 03-12-2015, 03:32 PM

Sic Judge Judy on him !!!

dickus · 03-12-2015, 03:57 PM

If the small claims judge comes to believe that the loan was an integral part of a series of illegal transactions, he or she will not enforce any obligation to repay regardless of the degree of proof you have that the transaction was a loan and not related to a series of illegal transactions.

JMHO

cyrax · 03-12-2015, 11:03 PM

I believe if you had a written agreement on the loan you would have a chance in court, but if it was verbal then there's a no chance.

sifupsi · 03-13-2015, 05:08 AM

Quote:

Originally Posted by TownCryer

I see the problem is collecting on the judgement. I had a victory in a court case in the 90's, but I was only able to get any money was to attach the property he owned. If there is no resources, then collecting is very difficult. Good Luck

+1

RALPHEY BOY · 03-13-2015, 05:45 AM

I understand your POV, but for $1000 you will spend more time and energy to get it back .. at end of the day its not going to be worth it..

Still Looking · 03-13-2015, 06:19 AM

Quote:

Originally Posted by TemptationTammie

Is it worth it to take someone to small claims court?

For $1,000.00..... NO!
I ended up loaning some money to a previous client that I ended up briefly dating.

The word "LOAN" does not exist. Replace it with "gave".

We broke up and he is refusing to answer when I ask for the money back. If it was only 2 or 300, I'd walk away, but this was closer to 1000 over the holidays. He didn't know this, but I put my electric and car pymt on hold to help him out.

Why would you do that?

I ended up in a slump after giving him the money and my bank account went negative and had electric shut off.

I bet you learned a lessen...... NO?

He knows this happened yet will not speak to me or make payment arrangements in any way. Is small claims court worth the hassle?

If you have something in writing you might have a chance. If not... that's why they call it liars court.

Or is there another option?

Start a thread in COED and blast his ass. Then hold a SPECIAL in his honor.

Please PM me with any advice.

I've already been kicking myself for trusting him to pay me back.

If someone comes to you to BORROW money they are eithers liars or assholes in trouble. The fact that you know them doesn't make it YOUR problem. Here is how to handle that situation. Tell them "I value our friendship to much to loan you money!". If they no longer want to be friends because you would NOT help at least you still have your money. Loan them the money and NOW their problem becomes YOUR problem. And you lose a friend.

On a personal note... if you don't have SIX MONTHS TAKE HOME in the bank you have no business loaning money or buying purses, going out to dinner, vacation, jewelry, spas or ANY luxury items.You put yourself in harms way. I'm not trying to kick you while your down... really. Learn from your mistakes and later he might have done you a favor.

Aphrodite · 03-13-2015, 11:26 AM

A: If a man is ok borrowing $$ from a woman (there are exceptions to this) AND
B: he knows he isn't going to pay her back...

He isn't a real 'man' imho and deserves no respect.

I agree w/ SL = Valuable lessons learned.

ShysterJon · 03-13-2015, 01:00 PM

Quote:

Originally Posted by TemptationTammie

Is it worth it to take someone to small claims court?

Only you can answer that question. $1,000 isn't chump change. I agree with the others that satisfying the judgment might be problematic. I will tell you that you shouldn't sue because you're mad because you probably won't get emotional satisfaction. Sue if you think you have a good chance to be made whole.

You might want to read Prof. Richard Alderman's excellent comments about small claims court, found here:

http://www.peopleslawyer.net/legal-t...ims-court.html

Quote:

Originally Posted by TemptationTammie

Please PM me with any advice.

This forum is for PUBLIC discussion of legal issues. That way, others may learn and contribute, and the sunlight of public discussion may serve as a means to fry any bum steers.

ShysterJon · 03-13-2015, 01:07 PM

Quote:

Originally Posted by cyrax

I believe if you had a written agreement on the loan you would have a chance in court, but if it was verbal then there's a no chance.

That's NOT the law in Texas. There's no per se rule in this state that all loan agreements must be in writing to be valid and enforceable. (Texas Business and Commerce Code, section 26.01.) However, loan agreements involving $50,000 or more to which a financial institution is a party must be in writing to be enforceable. (Ibid, section 26.02.)

Grouchy · 03-15-2015, 02:08 PM

I once had a an issue in Texas that could have been handled in small claims. Cut and Dried. I would have won.

But then I looked at "What next". I would be sitting there with a "Judgement" which is virtually unenforceable in Texas. It gives you a lien on "non exempt" property which for us po folks is pretty much nothing. Except bank accounts which professional assholes zero out quickly

heatherelite · 03-15-2015, 06:41 PM

I've been to small claims court twice. Won both times. 11 years since the first lawsuit, 9 years since the second. I have yet to see a penny from either one. When I contacted the Sheriff, who is responsible for enforcing the judgements, I was told that it was my job to find out where their money was (ie bank account to garnish or property to attach a lien to). I spent lots of time and money tracking this down with information subpoenas only to get nowhere.

At the end, I ended up spending more money on filing costs and parking my car in the lot across from the courthouse than I'll probably ever receive.

But you dated him: does he have a bank account? Property? Job (maybe try calling him everyday there until he gets annoyed enough to pay it back?) You might have a shot if you know enough about him personally.

TemptationTammie · 03-15-2015, 10:42 PM

From things I've read here, in Austin forum and in PMs it doesn't seem worth all the hassle in the long run. It doesn't seem like it anymore. He's already made it clear that he doesn't plan on paying me back.
I told him today that karma is a bitch and it will come back to bite him in the ass. He's gonna have to deal with his conscience. He's both a liar and a thief, and also very untrustworthy.