Recent Feedback
Money was lent to a male acquaintance. He is refusing to repay and is now threatening to tell her husband that they were in a relationship. She has a check from him for part of the amount but the account was closed. She doesn't really have any other record of the money given to him. He has sent threatening text messages to her. She doesn't want a lot of public attention due to the position that both she and her husband hold within a small community. What is her best solution or method to dealing with this problem.
Optional Information: State/Country of Question: South Carolina Already Tried: tried talking to the person and he responds with threatening text messages and phone calls
Hi there. Let me see if I can help clarify where things for you. There are two separate issues here.
First, is the loan. She can file a suit against him for repayment. If the amount is not too large, this suit can be filed in Small Claims court...the amount varies by state, but generally it is between $5,000 to $15,000. The problem is that without a written promissory note, she will need to prove that she loaned him money, how much, and what the repayment terms were. If she had a written note, then that is a negotiable instrument and the only thing she would have to prove is that he violated the repayment terms set forth in the note. BotXXXXX XXXXXne on this is that without a note she has an uphill battle. My recommendation here would be that if all possible she sweet talk him into signing a note upon repayment terms that work for him. Then, if he doesn't pay, she's got a much clearer path to collection....assuming he has anything against which she could collect.
Second, is the issue of the threats. This is a sticky situation and it really depends on what she is willing to do. The easiest, while I recognize the hardest, thing to diffuse this is to confess to her husband the situation. That takes all value from the threat. If the threats...texts, voice mails...contain any kind of extortion demands..such as if you keep after me about paying the money back, I will tell your husband...then she could consider a criminal extortion charge.
Having said all that, it seems that he doesn't want to repay the money and she doesn't want any attention..either publicly or privately (i.e., to her husband). That being the case, her best exit strategy is to probably just let the money go and consider it the price of a lesson learned.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work; otherwise, though you've made a deposit, I do not receive credit.
If you need additional clarification on this question after clicking ACCEPT, please don't hesitate to click "Reply" and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Experience: Attorney/Developer