How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38371
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

In March 2012, I used my good credit to buy a $3800.00 wedding

Resolved Question:

In March 2012, I used my good credit to buy a $3800.00 wedding ring for a friend’s pending wedding in May. Her fiancé worked for an Oil Field Service Company earning around $250,000.00 a year, and still does. She promised me they would pay me back, so thinking they would have me paid back right away; I agreed to get her ring for her.

I had purchased a $140,000.00 house that year, using my VA Guaranteed Loan Benefit and almost maxed three credit cards on furnishings and landscaping, etc.

My only income is Social Security Disability at $1860.00 a month and with a Mortgage payment of $768.00, plus paying on the three cards and Utilities, my monthly budget was extremely tight and didn’t allow for any other expenses. Because of this, it was imperative that they pay me back right away.

The terms of credit on the loan were that the ring had to be paid in full by October 11, 2013 in order to avoid paying the accrued interest, but the minimum monthly payment of $133.00 wasn’t enough to get it paid off by October, so we figured out that we would have to pay at least $250.00 a month to have it paid off in time.

My friend set up an Auto-Bill-Pay with her Checking Account to transfer the $250.00 into my Checking Account in enough time for me to get the payment to Wells Fargo by the 11th of each month in order to avoid the $35.00 Late Fee.

This was working ok until January 2013 when the IRS froze their account due to unpaid student loans and my automatic payment ceased. I have had to cover the $133.00 payment ever since which is causing me to go deeper in debt each month and has adversely impacted my credit. I have received only one payment of $133.00 from her since then. At this point, the outstanding balance on this loan is $1148.00 and they owe me personally $665.00 on the payments I’ve made for them totalling $1813.00.

I have tried unsuccessfully to talk to them regarding this situation but they don’t answer my calls or text messages. Then a few weeks ago I received a text message from her husband saying he was going to “Kick my crippled ass” if he ever sees me again over some rumour he heard about me. I think he is using this “Rumour” to justify them not paying me, or even speaking to me.

I fear than I will be stuck with one more $133.00 payment for September and then the final payment of $1015.00 in October or the accrued interest of $3000.00+ will be added to the loan.

My question is: Do I have any Legal recourse for reimbursement?

Please advise.

Thank you,

James C. Carlton
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

That is a very good question. Did you ever reduce this agreement of debt into writing, or was this an oral favor to a friend?
Customer: replied 1 year ago.

Oral favor to a friend

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, James.

One more question if I may. Did you ever have any texts, emails, instant messenger posts that defined this agreement or the terms?
Customer: replied 1 year ago.

No.


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

This is a bit of a difficult situation to be in, and the answer I will provide you is likely not going to be terribly encouraging. If there is no evidence of terms or that there was an agreement under which a debt was created, meaning that an obligation to return the funds was listed, any more that was provided, without evidence to the contrary, would be considered a potential 'gift'. Consequently if they claim that you gave the money as a gift and you have no evidence denoting otherwise, the judge may dismiss the case since you as the potential petitioner have the burden of producing evidence that shows that the facts took place as you stated and not otherwise.

That does not mean you cannot go to small claims court and sue for the funds. In Wyoming small claims are limited to up to $6,000 which is below this threshold. But your chances of prevailing is very small if you cannot show any evidence that this was a debt. You can show past payments being made to you, but they can likewise claim that those payments were not a debt but were a gift back to you. I apologize but I just have to be realistic based on what I see in this instance based on the facts that you yourself provided.

Good luck.

Customer: replied 1 year ago.

I do have witnesses to this arrangement, including her mother who lives with me.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

That does help. If her mother is willing to testify on your behalf, that would be a very strong witness since a mother generally has a bias to favor her own children. I cannot guarantee that a judge will find in your favor, but with such a witness, and hopefully others, provided they agree to come with you to court, you stand a far stronger chance in prevailing.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38371
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 9 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.