My sister owes me 4000 dollars and wont pay up. Any ideas how I can get it back?

by usualusername 34 Replies latest jw friends

  • usualusername
    usualusername

    I dont need the cash but would love to hear your ideas...

    UUN

    *She is not a witness

  • Kojack57
    Kojack57

    Take her to court, no mercy!! That's what I would do in a heart beat.

    Kojack

  • Kojack57
    Kojack57

    Or get Vito to brake her arms and legs. Either option would be a good one.

    Kojack

  • keyser soze
    keyser soze
    I dont need the cash but would love to hear your ideas...

    I would have to know more about the circumstances. Does she simply refuse, or would paying it back immediately, in full, be a hardship for her? Have you attempted to work out an arrangement with her that is mutually beneficial, and she still refuses?

  • moshe
    moshe

    Well, at least you won't be out anymore money. $4K is a lesson you won't easily forget when the next sob story comes your way. -might even save you from a mistake with this guy.

  • 144001
    144001

    $4,000 is the price you pay for a good excuse to never lend her money again.

  • brizzzy
    brizzzy

    If you have a written contract, take her to small claims court. (Never ever ever lend or borrow money, even between family/close friends, without a contract specifically outlining the amount, the repayment terms, and any other terms. If someone gets offended that you ask for a written contract, that is a warning sign not to lend to them. A contract serves to protect all parties. It doesn't have to be fancy; you can even just write it out on a sheet of paper and have both parties sign it - also, it helps if you ask a witness or two who is uninvolved with the loan to sign it as well; maybe another friend or family member.)

    If you don't have a written contract, but have emails/phone messages/texts/etc. from her acknowledging owing the money, then you may still be able to win in small claims court. If you're in the U.S., your local courthouse should be able to provide you with forms and walk you through the process of filing. It's not difficult, just a bit time-consuming, and there's usually a filing fee of between $50 to $120-ish (which sometimes you can ask for her to pay back if you win the case). Filing alone may be enough to jolt her into working out a payment plan with you, in which event you can drop the case by filing a dismissal with the court.

    If everything was verbal and you have no proof of acknowledgement...don't bother. Oral contracts are binding, but the problem is proving it in court when it's a "he said, she said" kind of situation. All she has to say is "It was a gift; I never said I'd pay it back; I was never told it was a loan". If you have no hard evidence, the court will likely dismiss it. In which case, at least you know never to lend her (or anyone) money again. Especially without a contract.

    P.S. IANAL, but I used to work as a paralegal, and have had to file small claims cases myself.

  • GLTirebiter
    GLTirebiter
    If you have a written contract, take her to small claims court.

    That's the best advice I've seen here. It's a business transaction and should be dealt with in a businesslike manner: keep the emotions out, and just settle the account. Do check the small-claims process and dollar limits in your state, these vary.

  • OnTheWayOut
    OnTheWayOut

    I think 1 or 2 thousand would be my limit with a family member without a written agreement. I have loaned to family a couple of times and got paid back, but it was always under that wire. I have loaned to a particular family member and never got a dime back- still promising to send "something" someday. So I consider that to be written off and she won't borrow more ever. It would be difficult to consider court unless you are prepared for your relationship to be strained or abandoned. I would rather work on the idea of small monthly payments- say never less than $60 a month. She will probably agree and still miss payments all the time, but would generally work toward paying because she agreed to do it.

  • AGuest
    AGuest
    I dont need the cash

    Then by all means, cancel the debt, dear UUN (peace to you!). And the next time she asks... if there is a next time and she should ask... and you can afford it... and she needs it for good reason... give it to her again. And yes, I am serious - she is your sister, dear one, and your blood. People do more for utter strangers.

    If she asks, but doesn't need it (and is only trying to take advantage of you), tell her that you can't contribute to her deceit because that would not be YOU showing love for HER.

    I hope this helps and, again, peace to you!

    A slave of Christ,

    SA

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