Need some help! Need to sue someone. I need a 'generic' letter of intent

BAMcleod

Junior Member
Aug 4, 2006
7
0
0
Hey guys,

I've lurked around here for a while and I figured someone here has an idea of what to do.

Someone owes me $450 bucks, yeah it's not a HUGE amount of cash, and maybe I could just lay down and suck it up but there are a few things.

A) She thinks she can get away with this stuff, she can't. The buck has to stop here.
B) It is immoral, abhorrent and wrong.
C) I want my money back.

If I cared about the friendship, I wouldn't do this. The fact is now it doesn't matter to me either way how much trouble she gets into with anyone over this, or the reprecussions of suing her.

It really doesn't matter anymore.

Any advice? I'm thinking about filling in the blanks in a generic letter, and sending it via read reciept email, or sending her a certified letter to her house.

Thanks.
 

BAMcleod

Junior Member
Aug 4, 2006
7
0
0
Originally posted by: ElFenix
go file in small claims.

I really want to posture by sending her a letter, realistically I don't have the time nor desire to actually take her to court. It just looks all that more threatening with a certain amount of legitimacy to the claim.
 

SVT Cobra

Lifer
Mar 29, 2005
13,264
2
0
Originally posted by: BAMcleod
Hey guys,

I've lurked around here for a while and I figured someone here has an idea of what to do.

Someone owes me $450 bucks, yeah it's not a HUGE amount of cash, and maybe I could just lay down and suck it up but there are a few things.

A) She thinks she can get away with this stuff, she can't. The buck has to stop here.
B) It is immoral, abhorrent and wrong.
C) I want my money back.

If I cared about the friendship, I wouldn't do this. The fact is now it doesn't matter to me either way how much trouble she gets into with anyone over this, or the reprecussions of suing her.

It really doesn't matter anymore.

Any advice? I'm thinking about filling in the blanks in a generic letter, and sending it via read reciept email, or sending her a certified letter to her house.

Thanks.

Certified letter when you do it.
 

T9D

Diamond Member
Dec 1, 2001
5,320
6
0
Some dumb wench I used to be friends with took me for $2000 and ran. See what happens when you try to be nice. I'm not putting up with crap anymore. I'm having my lawyer help me do all this. Then she can pay for interst, court costs, and lawyer fees (and any fees for tracking her down).

Sorry couldn't help just wanted to empathize and vent :)
 

BAMcleod

Junior Member
Aug 4, 2006
7
0
0
Originally posted by: tk109
Some dumb wench I used to be friends with took me for $2000 and ran. See what happens when you try to be nice. I'm not putting up with crap anymore. I'm having my lawyer help me do all this. Then she can pay for interst, court costs, and lawyer fees (and any fees for tracking her down).

Sorry couldn't help just wanted to empathize and vent :)


Yeah I feel your agony man.
 

BobDaMenkey

Diamond Member
Jan 27, 2005
3,057
2
0
If you're going to start the ball rolling, you have to make sure you use certified mail, otherwise there is no proof that they got it or not.
 

BAMcleod

Junior Member
Aug 4, 2006
7
0
0
Originally posted by: BobDaMenkey
If you're going to start the ball rolling, you have to make sure you use certified mail, otherwise there is no proof that they got it or not.

I know. Most of this is posturing. I hope it won't come to that.
 

NetGuySC

Golden Member
Nov 19, 1999
1,643
4
81
go to the local magistrate, explain. Then mail her a certified letter explaining for her to send you the money or your will have to take legal action, wait a couple weeks then go back to the local magistrate and he will have her served to appear in court.

When she was served she was working as a tellar at a bank :) She doesn't work there anymore :) It took me about 2 years to find her once she skipped town, but finally did and I must say it was well worth the trouble. I was paid back all monies owed after she was served, she lost her job at the bank and hopefully was taught a valuable lesson.




been there done this..
 

Darthvoy

Golden Member
Aug 3, 2004
1,825
1
0
yup..i have a friend who owes me 800.00 dollar. I guess I am going to have to sue his ass too
 

Harvey

Administrator<br>Elite Member
Oct 9, 1999
35,057
67
91
Originally posted by: BAMcleod
Originally posted by: ElFenix
go file in small claims.

I really want to posture by sending her a letter, realistically I don't have the time nor desire to actually take her to court. It just looks all that more threatening with a certain amount of legitimacy to the claim.
Take it from someone who's been there, ElFenix is right. Filing a claim in small claims court will probably cost you less than $50 for everything, unless she's hard to serve, and a real court order to appear will do more than anything else you can send her.

Most small claims courts don't allow attorneys so all you need is good, solid proof of your claim, and you'll win. Then, you'll have a bigger threat to hold over her because you'll be able to attach her wages or file a lien on her property. If she doesn't pay, she could end up in the pokey for contempt of court, and she'll still owe you the money.

If you don't know the ins and outs of something as simple as small claims court, you're not prepared to do it any other way, and sending her anything that really sounds "threatening" could get you in trouble.
 

UsandThem

Elite Member
May 4, 2000
16,068
7,382
146
Originally posted by: Harvey

Take it from someone who's been there, ElFenix is right. Filing a claim in small claims court will probably cost you less than $50 for everything, unless she's hard to serve, and a real court order to appear will do more than anything else you can send her.

Most small claims courts don't allow attorneys so all you need is good, solid proof of your claim, and you'll win. Then, you'll have a bigger threat to hold over her because you'll be able to attach her wages or file lien on her property. If she doesn't pay, she could end up in the pokey for contempt of court, and she'll still owe you the money.

If you don't know the ins and outs of something as simple as small claims court, you're not prepared to do it any other way, and sending her anything that really sounds "threatening" could get you in trouble.

:thumbsup:

I have sued my old landlord. Paid $20.00 to file and he never responded to the court letters. I then had to pay another $20.00 to have him served by the sheriff.

I got my court date, went and won, and left. All within two hours.

 

BAMcleod

Junior Member
Aug 4, 2006
7
0
0
Originally posted by: Harvey
Originally posted by: BAMcleod
Originally posted by: ElFenix
go file in small claims.

I really want to posture by sending her a letter, realistically I don't have the time nor desire to actually take her to court. It just looks all that more threatening with a certain amount of legitimacy to the claim.
Take it from someone who's been there, ElFenix is right. Filing a claim in small claims court will probably cost you less than $50 for everything, unless she's hard to serve, and a real court order to appear will do more than anything else you can send her.

Most small claims courts don't allow attorneys so all you need is good, solid proof of your claim, and you'll win. Then, you'll have a bigger threat to hold over her because you'll be able to attach her wages or file lien on her property. If she doesn't pay, she could end up in the pokey for contempt of court, and she'll still owe you the money.

If you don't know the ins and outs of something as simple as small claims court, you're not prepared to do it any other way, and sending her anything that really sounds "threatening" could get you in trouble.


The fact is, if I serve her with papers her parents will go ballistic, something I'm trying to avoid. I might hate her guts but I don't want her dad to hit her.
 

BAMcleod

Junior Member
Aug 4, 2006
7
0
0
Originally posted by: sm8000
How old are you both?

I'm in my mid twenties, she's twenty.

She lives at home still in a VERY strict christian asian household.

Her parents don't provide for her very well.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
NEVER loan freinds money. that is UNLESS you do not plan to ever see the money again.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: BAMcleod


The fact is, if I serve her with papers her parents will go ballistic, something I'm trying to avoid. I might hate her guts but I don't want her dad to hit her.
Then you're not really ready to collect. This is to make you feel better. You may win, but you'll never know victory.

 

BAMcleod

Junior Member
Aug 4, 2006
7
0
0
Originally posted by: AlienCraft
Originally posted by: BAMcleod


The fact is, if I serve her with papers her parents will go ballistic, something I'm trying to avoid. I might hate her guts but I don't want her dad to hit her.
Then you're not really ready to collect. This is to make you feel better. You may win, but you'll never know victory.

So you think I should try and go for the win @ all costs?

 

Harvey

Administrator<br>Elite Member
Oct 9, 1999
35,057
67
91
Originally posted by: BAMcleod
The fact is, if I serve her with papers her parents will go ballistic, something I'm trying to avoid. I might hate her guts but I don't want her dad to hit her.
That's her problem. She has no right to make it yours, and since you're out $450, she already has.

If she's served, and she wants to avoid the wrath of Dad, it may be enough to get her to pay up. If she's too stupid to take the hint at that point, she deserves what she probably gets. In any case, she obviously needs to learn something about personal responsiblity, and sooner is better. You're doing her no favor by letting it slide.

I have no idea if you're right about her father hitting her, but if he does, it's another set of problems. Presumably, her father is an adult who should know better or be held responsible for his own wrongs.
 

alrocky

Golden Member
Jan 22, 2001
1,771
0
0
Originally posted by: BAMcleod
A) She thinks she can get away with this stuff, she can't. The buck has to stop here.
B) It is immoral, abhorrent and wrong.
C) I want my money back.

If I cared about the friendship, I wouldn't do this. The fact is now it doesn't matter to me either way how much trouble she gets into with anyone over this, or the reprecussions of suing her.
Originally posted by: BAMcleod Most of this is posturing. I hope it won't come to that.
Originally posted by: BAMcleod The fact is, if I serve her with papers her parents will go ballistic, something I'm trying to avoid. I might hate her guts but I don't want her dad to hit her.
You can't waffle like this. If you're only bluffing, you'll never get your man card. And the $450 would be the least of your problems.

Ask her for the money. If she refuses, tell her you'll talk to her parents about the money. If she refuses, talk to her parents. No money? Send ceritifed/registered return receipt letter asking for the money. Nothing? Sue in small claims.

"Friendship" is not relevant. She is abusing your friendship by not paying money she owes you. BTW, it helps if you have documented proof that she does in fact owe you the $450. If you didn't get a promissary note or friends who witnessed or acknowledge hearing her confirm the debt, you might be SOL. Think recording device when you two next talk.

 

jagec

Lifer
Apr 30, 2004
24,442
6
81
Just please tell me you'll try to talk it over before you threaten to sue. And you'll threaten to sue before you actually do so.

People who file lawsuits before trying to discuss the issue and explain their position = teh sux.