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Thomas McJD
Thomas McJD, Attorney
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I have a friend who asked to borrow $900 to secure a debt consolidation

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I have a friend who asked to borrow $900 to secure a debt consolidation loan. I loaned out the $900; she backed out of from securing the consolidation loan and has to wait to get that money back in the form of a refund check. She had told me she would return my $900 in one week. I asked her to return the refund check to me..so I could deposit it in my account. She doesn't want to return the money. Can I sue her in small claims court? If so, Can I actually collect that money that is owed to me or ..after the decision... is there no way to collect that money ?

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Yes, you can sue in small claims court. Once you obtain a judgment, if it is not paid within 30 days you can file the judgment in the civil docket and proceed with collections such as wage garnishment and levy against your friend's bank account.

TMcJD :

The information at the following link is provided by the WA court system to assist you with your small claims case:

TMcJD :

http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.scc&altMenu=smal

Customer:

Thank you.. I have not been sleeping well at night over this. I don't want to be an A** hole with her...or to her.

TMcJD :

I understand. This is a stressful situation to be in -- wanting your friend to make good on her promise but also not wanting to lose a friend over something you shouldn't have had to worry about in the first place.

Customer:

That was ... oh...thank you again... I am very pleased I did this tonight.

TMcJD :

You're welcome. I'm glad I could help.

Customer:

I wrote down the link.. yes... I said I'd help her. but now...I'm just wondering if she thinks I'll just let $900 walk away...

Customer:

Thanks...very much for the answer... I will wait till August... but if she doesn't look like something happens to repay by Sept... I want her to know... I'm not kidding but dont' want to ...be a jerk about it either.

TMcJD :

Sounds like a plan to me. There's nothing like the threat of a lawsuit. You can try telling her you understand her situation but really need her to repay the loan or you'll be forced to unfortunately file a small claims case against her. If that doesn't work, then actually proceeding with the case is all you can do.

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Customer: replied 3 years ago.


Just wanted to say... " Thank you "... because I think tonight ... I'll be getting more than 5 hours sleep thanks to you. I will recommend this site to my friends and family. Tim Myles

You're welcome. When I can help someone like you, it makes it all worth it. Please let me know if I can help with anything in the future. Thanks.
Customer: replied 3 years ago.


I only have one other comment of concern... I don't know her address... but she works for the V.A in Portland, Oregon. Will I absolutely have to figure out where she lives in order to file in small claims ? I might have to try calling all the Drakes in this area...when she's at work and hope someone will answer the phone when I ask " Is Frankie there please ? ".


My gut is telling me... I'm gonna have to do this... file that is... I don't want my family to find out about this. They have enough to worry about.

You will have to serve her as part of a small claims case. The easiest way is knowing her address, although have any summons personally served by a process server is also an option. The process server has some resources in locating individuals that you might not have. The sheriff's office can also assist in service of process.
Thomas McJD and 7 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


To TMcJD,


I'm completely satisfied 100 %. You need not reply. Just wanted you to know. Now, I going to see her Thursday and show her my monthly salary now... is only $900/ month. I plan to be diplomatic and ask.. what are your thoughts about how best to pay me back ?

Well, how you get paid back is completely up to you but certainly reaching some understanding (even a payment every month over time) is probably preferable to taking legal action since you seem to want to preserve the friendship.
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