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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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In March 2012, I used my good credit to buy a $3800.00 wedding

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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
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 4 years ago.

Oral favor to a friend

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 4 years 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 4 years ago.

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

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.

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