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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Friend/roommate borrowed 5k and refuses to pay back monies.

Customer Question

Friend/roommate borrowed 5k and refuses to pay back monies. Also, moved out of our house before lease was up. I relocated from Ohio to South Carolina to start over and now not by choice I/we are breaking lease and I must relocate back. What can I do?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 8 months ago.

Good morning Colleen. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? When did you loan this money to your friend? Thanks.

Customer: replied 8 months ago.
1000 in July or August. Second 1000 in September or August and 3000 in November. My phone no. Is(###) ###-####
Customer: replied 8 months ago.
In need of assistance in south carolina
Expert:  insearchoftheanswer replied 8 months ago.

Thanks for your quick response. Since your friend won't voluntarily, what you want to do is file suit against your friend. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if your friend doesn’t then pay the judgment, you can have the sheriff serve a summons for a debtor examination. That forces your friend to meet you in court again and answer questions under oath about your friend's assets. After that information is obtained, you have the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property your friend owns to satisfy the judgment. In my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once your friend is served with a summons that the suit has been filed, your friend will pay you rather than spending the time and expense to contest a suit that your friend is sure to lose.

Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  insearchoftheanswer replied 8 months ago.

I'll be happy to discuss this further with you by phone. I will extend that option to you now. You should receive it shortly.