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Richard
Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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I loaned someone online (I know stupid thing to do, but trusted

Customer Question

I loaned someone online (I know stupid thing to do, but trusted him, he promised marriage) a total of $6,500 plus interest and now he refuses to repay me. How can I recover my loses? I have it in writing that he states he would repay me in 2 weeks and that was Nov. 2011.
I also was involved in a car accident, not my fault, not charged, now I am notified I am being sued by passenger in car that was at fault for his injuries. He should sue driver of car he was in that cause the accident not me. I need to protect my interest and still having pain and doctor appt. from injuries from accident. Time of accident Oct., 2011
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. With regard to your borrower, since he will not pay you voluntarily, you'll have to file suit against him. Furthermore, if you can produce evidence that this is a pattern with him, you can add a claim of fraud in addition to breach of contract, which will entitle you not only to your actual damages, but also to punitive damages. Also, it gives you the option of contacting the district attorney's office and pursuing criminal charges based on fraud due to his intent to never repay you when he obtained the money. Because the amount involved is in excess of Florida's small claim court limit ($5,000), you'll need to file this in state district court. Filing the suit will get you the collection options and leverage you seek because once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.


With regard to the lawsuit against you, this is something that should be turned over to your automobile insurance company. Under your auto policy, your insurance company is obligated to provide legal representation to you in any suit against you involving an automobile accident. This is the case whether or not you are at fault.



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Richard, Attorney
Category: Legal
Satisfied Customers: 47069
Experience: Attorney with 29 years of experience.
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Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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Richard
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