Comments on: Please Help My 22 yr old Daughter loaned her boy friend a large some of money?

By: Steffi

Steffi — Wed, 14 Jan 2009 09:47:14 +0000

A lot of times people will stick around a dead-beat so they can get their money back. Sometimes they’re foolish enough to lend them even more money. The reasoning goes “well, if I alienate this person, I’ll never get my money back”. At least she didn’t give him even more!

She needs to sue him. Send her down to the courthouse to get the necessary paperwork. There is also a website for this (see link below)

Does she have receipts for the small amounts he did pay back? I ask because he could always claim he paid more than he did.

She can’t sue in small claims court in NY (up to $5,000). It would be well worth it to consult with an attorney.
Good luck

By: god

god — Mon, 12 Jan 2009 07:19:50 +0000

is there a written contract or anything showing she gave him the money? if not………she is screwed.

By: ANGELS RAISING HELL

ANGELS RAISING HELL — Thu, 08 Jan 2009 23:01:58 +0000

THIS IS TOUGH THE GUY IS OBVIOUSLY A PREDATOR.
YOU CAN SUE HIM BUT IF HE HAS NOTHING WHAT WILL YOU GET ? YOU CAN’T GET BLOOD FROM A ROCK. THE ONLY LEGAL RECOURSE YOU HAVE IS TO SUE HIM FOR THE MONEY. BUT SUING HIM DOESN’T MEAN YOUR GOING TO GET THE MONEY. DOES THIS BUM HAVE A JOB ? IF YOU GET A FAVORABLE DECISION FROM A JUDGE YOU COULD HAVE HIS WAGES GARNISHED. OTHER THAN THAT THEIR IS REALLY NOTHING MUCH YOU CAN DO. TAKE IT AS AN EXPERIENCE AND MOVE ON. YOU STILL ARE OBLIGATED TO PAY THE CREDIT CARD COMPANY. DON’T RUIN YOUR CREDIT BECAUSE OF A BAD DECISION. GOOD LUCK.

By: tnmack

tnmack — Wed, 07 Jan 2009 02:31:12 +0000

This is called a civil dispute. She needs to get all of her paperwork together and contact either an attorney or a clerk in your local civil court. She will need to show how much he borrowed and how much he payed back. Even then, it may be tough to get the money.
If he doesn’t have a job, you can’t attach his earnings and even if you win in court — if no job, how can he pay.
Unfortunately, this is one of those expensive life lessons. Never loan a friend money. If you can not afford to just give them the money, tell them no.

By: me

me — Sun, 04 Jan 2009 14:12:19 +0000

I would take him to court as suggested. I don’t know if she can file in small claims because I believe it only goes up to 5k however, she should be able to get a judgment against him for the full amount plus interest and fees. If you hire an attorney, you could probably sue him for that cost too.

By: LADY GEMINI

LADY GEMINI — Sun, 04 Jan 2009 04:22:26 +0000

File petition at Small Claims Court. Both of them will go in front of a Judge and he/she will hear the complaint. Tell your daughter to bring all evidence showing what her boyfriend owes.

By: hopscothchbunnies

hopscothchbunnies — Fri, 02 Jan 2009 12:26:33 +0000

small claims court–she can recover maximum of $ 5000.00 if she has some evidence of this. Tell her to be smart next time and do not loan out money to anyone unless she can afford to not receive it back. girls need to use their head when it comes to
money—not their heart!

By: sandy

sandy — Fri, 02 Jan 2009 04:31:56 +0000

wow, that really sucks. she should take that loser to court and take him for all he’s got. I hope she doesn’t plan on lending anyone any more money! good luck!

By: chiquitamarlita1

chiquitamarlita1 — Tue, 30 Dec 2008 16:49:48 +0000

i think she should get all the proof she can that he owes her all this money. she should also try to contact some of the women he has done this to. they could take this scum bag to court and sue the hell out of him for all the money he owes them and make him pay all the fees having to do with this situation. i am pissed just reading about it. take him to court and he will get what he deserves. good luck.

By: NaNuk_911

NaNuk_911 — Tue, 30 Dec 2008 15:19:42 +0000

Really there is no way to get her money back unless she has a signed paper saying that the money she gave him was a loan. Since the cash was taken out in her name she is ultimately responsible for repayment. If she takes him to court she will have to prove that the money was not given as a gift but as a loan. A lawyer might help in figuring out a way of proving that it was loan but the lawyer fees and court costs will far exceed the money she gets back.

By: o2bamy25

o2bamy25 — Sun, 28 Dec 2008 08:28:45 +0000

The judge will probably say it wasn’t a loan if they were together at the time and stayed together until now. He will also say that she only wants the money back because of the break-up. I hope she learned her lesson. It was a costly one.
Good luck, even if she wins her suit, it doesn’t mean she will collect the $.

By: carnaby_fudge

carnaby_fudge — Sat, 27 Dec 2008 03:26:02 +0000

unless there was a written contract for him to repay the loan your daughter is probably up a creek. the contract doesn’t even need to be notarized. often times a statement on a piece of paper signed by both parties is enough to hold up in small claims court.
but if there is no written agreement to say that your daughter loaned the money (not gave) and that her boyfriend would in fact pay it back she has very little legal standing. in the eyes of the law it was a gift.

By: Brandon B

Brandon B — Wed, 24 Dec 2008 13:25:45 +0000

Here is the deal…..

You can go to civil court over this, not small claims (amount is too high probably). You would need proof that she gave him the money. All he would have to do is say, “What money?” and he would win the case.

By: Brent J

Brent J — Wed, 24 Dec 2008 01:17:18 +0000

Not much she can do. She can get a lawyer or try to file a civil case, but a lawyer will cost 2K at least. All she can really do is higher some bruisers to beat him up or steal the title to his car.. Then, he would have issues selling it.

I personally would take his stuff or find out where he works or his family lives and mess with them.

She is certainly not that bright for doing that. As her momma, smack her once at least

By: towel 42

towel 42 — Sat, 20 Dec 2008 22:17:36 +0000

That was dumb.